What happens when a solicitor takes you to court for nonpayment???

SilverLining_2

Sorry if this is in the wrong place...

I need to know what haoppens when your solicitor takes you to court for nonpayment of their bill.

He is threatening court action and I need to be prepared what will happen.

I have a small mortgage on the property and unable to get a loan to pay him as I have ccjs and bad debt, my partner has been refused a mortgage and loans due to my debt at the address so he cant help.

My solicitor was happy enough for the bill to go onto the property but now as the laws cost draftman want paying, if they dont get paid they are threatening court action and my solicitor said he will do the same.

I have offered to pay him weekly but he declined this. I dont work and my partner is self employed.

The bill totals just over £17k

Anyone got any advice???

Jowo_2

SilverLining wrote: »

.. my partner has been refused a mortgage and loans due to my debt at the address so he cant help.

Credit scores are by person - other people's debts or bad credit scores at the same address is irrelevant. Perhaps he just has a poor score or his self-employed status is a factor.

Has the Solicitor indicated whether they plan to apply for bankruptcy? If so, here's a guide

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankruptcy.pdf

I think you'd be better off seeing someone like CAB or a debt charity to understand the position or post your query on the Debt free forum as this is really a financial problem.

BitterAndTwisted

If you can't re-mortgage you might have to consider selling up to raise this £17k if it is truly due and payable. That, or your creditors might be able to get a charge on your home if they can't force you into bankruptcy to liquidate your assets.

SilverLining_2

Jowo wrote: »

Credit scores are by person - other people's debts or bad credit scores at the same address is irrelevant. Perhaps he just has a poor score or his self-employed status is a factor[URL="http://"][/URL]

Hes bank told him thats why he is unable to get one -the only amount he can get is less than my mortgage value so its pointless. He has checked his score and it is above average!!!

I will post it on more boards thanks.

Selling up is my last option unless the judge says so.

thanks for your help

pawpurrs

Sorry, I am totally confused, whats the bill for exactly, and how were you originally intending to pay it?;);)

sjcollett

Is it worth contacting the legal complaints service? Without knowing the details i am unsure. However, these guys were massively helpful and ended up getting a bill written off for me with a solcitor who they felt had not acted appropriately

http://www.legalcomplaints.org.uk/home.page

G_M

So you ran up a £17K bill with a solicitor, writing off a bill from another solicitor 'who they felt had not acted appropriately', and now you can't pay the 2nd solicitor?

Is that right? How much was the original bill that was written off? And what was it for?

I suggest you consult another solicitor. Perhaps they can help you avoid the £17K owed to the 2nd solicitor.

Fire_Fox

Have you made an offer of staged payments or are you simply telling this solicitor he is going to have to whistle for his £17K?

SilverLining_2

I have posted this thread in the Debt pages as advised....

I have had the same sort of questions asked and this is what I have just responded to....
Hi, thanks for your replies....

Re my partners applications, that is what the bank is saying as he has applied but got refused, he cant even get a loan or O/D as the bank says its due to my ccjs!! He has checked his credit report and it states that he is not financially commited to me (as he isnt, my debts and ccjs have nothing to do with him, in my name only) and his credit shows above average.

The solicitors bill is that amount as I had a case which went on for over 2 years -the barristers fees alone were over £6k!!! Believe or not but the case was all about me keeping my property lol. My so called brother took me to court as he believed my house was half his. Before my mum died she wanted me to have the house as i have always lived there and helped my mum when she was poorly before dying. The reason I had taken out a mortgage was that another brother (i have 3 -all moved out 5-10 years before mum dying) wanted money otherwise he would file for a quarter so i paid him from the mortgage i got, he was happy with that. My other 2 brothers wanted nothing and signed stating that but when i fell out with the brother in question, his solicitor produced 'a will' saying the house is to be shared between us the 4 children. it was a legal will but he never produced it when she died, he done it 4 years after her death when we fell out. So as he had the will, his solicitor knew it would be a great case. after years of to and fro-ing I won the case (as the judge said he was just a greedy so and so and his solicitor should never have done it as the evidence was rubbish) and the judge said for my brother to pay his and my costs. again after to and fro-ing i agreed for my brother to pay £10k of the costs (i had already paid £4k) but before it got finalised he is now pleading poverty (which is rubbish!!! I think he forgets we only live 5 doors away from each other!!!!!) so he isnt paying anything towards my bill now. after months of me agrueing that with my solicitor, he then tells me in 'normal explanations' not law jargon that what the judge meant was once i have paid, then i can take my brother to court for him to pay me back (this has to be done within 6 years, i have 4 left)

A huge lot of mess eh???

I am not disputing the bill, I was to sell my house to my partner after my brothers name was taken off the land registry (which his solicitor put on before taking me to court), pay the mortgage and solicitors bill and clear my ccj debts, my solicitor knew of this, since then my partner has tried to get a mortgage but as i have said has been refused. I really dont want to go to the legal complaints as the bill has already been to the costs draftman as thats what my brothers solicitor wanted before they even considered paying.

Im fully expecting it to go to the court for them to decide but I was just wondering if anyone knew if it would be as a ccj or an order to sell

SilverLining_2

Fire_Fox wrote: »

Have you made an offer of staged payments or are you simply telling this solicitor he is going to have to whistle for his £17K?

I offered to pay weekly of what i can afford but it was declined -i have written proof of this

G_M

It's a bit difficult to fully understand what is clearly a complex and lengthy history. However I find it strange that:

and the judge said for my brother to pay his and my costs.

and yet your solicitors are not chasing your brother.