Executor sued

chesky

Was a defence form included with the court paperwork?

Gingerly

Thanks for this.......but it doesn't come in until October 2017 (its just July).

What is the current 'protocol'?

Gingerly

unholyangel wrote: »

Are you saying they only gave you 7 days to respond? What do you mean it wasn't titled correct? What was the amount due on the property fees (not including costs)?

Pre-action protocol dictates 14 days should be given in "simple matters" and up to 3 months should be allowed for more complex issues.

If pre-action protocol is not followed, the courts can (at their discretion) either not award costs or award costs against that party (even if they had won the claim itself). If the claimed amount was less than £10,000, its likely it would have been dealt with on the small claims track - and in small claims each party is responsible for paying their own legal costs (so they wouldnt be awarded solicitors costs even had you went to court and been ordered to pay their filing fee).

Yes. Indeed less than seven days. It was typed on day one and the deadline was exactly 6 days later i.e 7 days after typing. It was incorrectly titled (wrong name, the name of the deceased's husband) not the executor, but correctly addressed but unbelievably the PO delivered it to a neighbour's house. (Happens a few times a year that one, though not usually an important letter as in this case).

The organisation to who the money was owed had been contacted that morning when the executor was completely unaware of the letter as it was not delivered till later that day!

So far no court papers have arrived but solicitor refusing to drop proceedings and bill for costs etc has risen by £300 since the issue of the letter.

Original debt was paid a few days ago but not including any court costs or solicitor's costs as it is felt that the solicitor's client was and has been unreasonable in not formally advising that a solicitor's action would follow (thus adding cost).

It even appears that the solicitor is saying that the freeholder has started the action when the freeholder is not owed the money but the management company is! (or was as is the case now, since it has been paid).

Clearly the solicitor doesn't want to be out of pocket so is refusing to drop the action, but as yet, no court papers have arrived.

The solicitor was advised in writing the original debt has been paid but refuses to stop the action. Court says won't get any papers for another 10 days?

Update please?

Yorkshireman99

Don't panic! If and when the court papers arrive check which court the action has been started from. If it is not your local one you can ask the court to transfer it to your local one. At the same time write to the court setting out the circumstances. Chances are the judge will throw it out and at the least refer it back to the solicitor to go through the norm all pre action procedure.

Gingerly

Yorkshireman99 wrote: »

Don't panic! If and when the court papers arrive check which court the action has been started from. If it is not your local one you can ask the court to transfer it to your local one. At the same time write to the court setting out the circumstances. Chances are the judge will throw it out and at the least refer it back to the solicitor to go through the norm all pre action procedure.

Thanks YP. Added complication the plaintiff lives in England, the defendant lives in a different jurisdiction !

Yorkshireman99

Which jurisdiction? Within the UK the claimant can do this when they issue proceedings. In Scotland the small claims limit is £3,000 rther than £10, 000 in E&W.

getmore4less

Name the solicitors.

unholyangel

Yorkshireman99 wrote: »

Which jurisdiction? Within the UK the claimant can do this when they issue proceedings. In Scotland the small claims limit is £3,000 rther than £10, 000 in E&W.

£5,000. The £3,000 limit is for personal injury claims iirc.

Gingerly

Yorkshireman99 wrote: »

Which jurisdiction? Within the UK the claimant can do this when they issue proceedings. In Scotland the small claims limit is £3,000 rther than £10, 000 in E&W.

The exec is in Scotland.

Yorkshireman99

Gingerly wrote: »

The exec is in Scotland.

Noted. Assuming the claimant is in England & Wales they are going to have to sue in the Scottish Courts though I understand there are facilities to transfer cases from one jusisdiction to the other. In England the defendant can ask to the case to be transferred to their nearest County Court. Hopefully someone will tell us what the procedure is North of the Border.