A Solicitor's Query........not sure if anyone can help here

5 Dec 2006

I have a query relating to a solicitor's letter, and at the moment just dont have time to see another solicitor about it....so thought I would ask here in the meantime.
Some years ago I had to have the help of a solicitor, during a very distressing time in my life. It was a very stressful time for me and the situaiton carried on for some time. I know that due to my financial situation then, many (if not all) of the bills were paid in cash for which I did have receipts - but dont know where they are now....probably thrown out now. I thought that my bill was paid and thought nothing more of it.
However, in Dec 2005 I received a letter from the solictior with a copy of a letter and a bill dated Dec 2000......stating that the monies shown on that bill were still outstandingill!
I queried this as there was a 5 year gap between the bill and the reminder. I got a reply 10 months later in Oct this year stating that she will now take court proceedings unless the money is paid by the end of Nov 2006 - which it hasnt been.
Does anyone know if legally this money (which I am disputing) can be asked for 5 years after the original request???
I do intend to seek advice from another solicitor...but just havn't had the time yet. Any adivce, either here or in PM will be gratefully received biggrin

5 Dec 2006

I think there is a statute bar against entering proceedings to recover a debt after 6 years which is presumably why they have entered this claim now.
If you are still in financial difficulties, make an appointment to see someone at the Citizens Advice Bureau. Don't in any circumstances admit or partially admit to the debt because the 6 year clock will start ticking again. Solicitors are Officers of the Court and the Court can determine what the bill should be (called taxing a bill). But I think it is a bit of a lottery to be honest; asking one solicitor to take action against another or to express an opinion doesn't seem quite fair. They are "brothers" after all!
Get independant advice first and keep your cool. Don't forget the Solicitors have to prove their case and the Judge in a small claims court (assuming the debt is lower than £5k) will be asking himself why the Solicitor has taken such an amount of time to pursue the claim.
Best of luck with this!!!

5 Dec 2006

up to 6 years u can chase a debt

5 Dec 2006

Quote by freimation
up to 6 years u can chase a debt

Isn't that what GnV said? confused

6 Dec 2006

Is there any chance you have some kind of closing letter or document? If so, that would imply that the bill had been paid.
If it does go further, you are totally within your rights to demand to see proof that they did not recieve the money. A hard thing to prove, but you could demand to see the accounts both inward and outward for that period - that way they can say "see, that amount was never entered onto our books". Of course that doesn't mean you didn't give it to them.
If you go for this - make sure you ask them for the original accounts, they would keep paper copies of any reciepts sent out - they have to produce those, not a computer record from now.
The good thing about making that demand is that it would be so much trouble for them to produce these details they might be less inclined to pursue it. Get advice, but depending on the size of the bill, they may decide it isn't worth pursuing, if you stick to your guns.
Good luck biggrin

6 Dec 2006

You say you asked them for details of the debt 12 months ago, if they haven't supplied it before the notification of court procedeings this is a bit out of order and i'd be questioning the quality of their administration, why it hasn't been supplied in the 10 months between and also why it took 5 years to chase the debt they claim you owe them.
contact
The Legal Services Ombudsman
3rd Floor, Sunlight House
Quay Street
Manchester
M3 3JZ
Phone: or

if you're not happy about the way this has been handled. they might just tell her to stop pissing about wink

6 Dec 2006

Quote by foxylady2209
If it does go further, you are totally within your rights to demand to see proof that they did not recieve the money. A hard thing to prove, but you could demand to see the accounts both inward and outward for that period - that way they can say "see, that amount was never entered onto our books". Of course that doesn't mean you didn't give it to them.
If you go for this - make sure you ask them for the original accounts, they would keep paper copies of any reciepts sent out - they have to produce those, not a computer record from now.

Bernie if you can recall when you paid them they will have to look back at their accounts and check if they recieved the amount you paid them. They have to record everything so the receipt will be in their records. They may well have attributed it to another client hun...
Good luck kiss