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Received a claim? Issued but not received
Issue Date:
Have you Acknowledged the Claim?: No
Total Amount Claimed: 7,500 + 2,000 interest
Particulars of Claim:
I have lived abroad for many years. In 2014 I needed a UK solicitor to represent me, but I was very dissatisfied with aspects of his handling of the case which included misleading me and attempting to run up his fees. In the end I withheld payment of some of the fees billed.The solicitor knows very well that I live abroad, and my address, not least because it was an issue during the case.
The firm issued a Letter of Claim last May, which they sent by e-mail without enclosing the Information Sheet or Reply Form. I did not respond to it. Although the firm knew my overseas address I did not receive any court forms or “claim pack” and did not know that they were proceeding to court. They recently obtained a default judgement and have e-mailed me a copy of the Request for Judgement and Notice of Judgement Entered.
From reading this excellent forum I understand that they could not make such a Request for Judgement because I am non-UK resident. They used the address of a UK property which I own, but which has been tenanted for many years. The firm knows this from information disclosed during my case. In addition they have miscalculated the amount due as they have not included a substantial payment that I made to them after the two invoices they have used to substantiate their claim. Incidentally these invoices are actually addressed to their own office, not to my address.
I plan to e-mail them asking them to get the judgement set-aside on the grounds that I am non-resident, and that if they do not confirm they have done it within a week I will appoint a UK solicitor to do it and claim the costs from them.
Should I also tell them about the payment they have ignored, and provide evidence of it? Or keep that for subsequent negotiation? In the end I would be willing to pay some of the money outstanding just in order to have this matter closed.
I would be grateful for any comments/advice and how to word my request for the judgement to be set aside.
Issue Date:
Have you Acknowledged the Claim?: No
Total Amount Claimed: 7,500 + 2,000 interest
Particulars of Claim:
I have lived abroad for many years. In 2014 I needed a UK solicitor to represent me, but I was very dissatisfied with aspects of his handling of the case which included misleading me and attempting to run up his fees. In the end I withheld payment of some of the fees billed.The solicitor knows very well that I live abroad, and my address, not least because it was an issue during the case.
The firm issued a Letter of Claim last May, which they sent by e-mail without enclosing the Information Sheet or Reply Form. I did not respond to it. Although the firm knew my overseas address I did not receive any court forms or “claim pack” and did not know that they were proceeding to court. They recently obtained a default judgement and have e-mailed me a copy of the Request for Judgement and Notice of Judgement Entered.
From reading this excellent forum I understand that they could not make such a Request for Judgement because I am non-UK resident. They used the address of a UK property which I own, but which has been tenanted for many years. The firm knows this from information disclosed during my case. In addition they have miscalculated the amount due as they have not included a substantial payment that I made to them after the two invoices they have used to substantiate their claim. Incidentally these invoices are actually addressed to their own office, not to my address.
I plan to e-mail them asking them to get the judgement set-aside on the grounds that I am non-resident, and that if they do not confirm they have done it within a week I will appoint a UK solicitor to do it and claim the costs from them.
Should I also tell them about the payment they have ignored, and provide evidence of it? Or keep that for subsequent negotiation? In the end I would be willing to pay some of the money outstanding just in order to have this matter closed.
I would be grateful for any comments/advice and how to word my request for the judgement to be set aside.
