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guilty of misfeasance claim

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  • #1

    guilty of misfeasance claim

    Afternoon


    In a nutshell I have just received a letter of court proceedings issued against me for the claim of ‘guilty of misfeasance’ on a company I owed and is going into liquidation and they want £120k from me. I should say at this stage it isn’t right. I had a solicitor send a couple of letters back before this but they have ignored the last one and gone straight to this now and the date is mid October 2022

    So my solicitor is now saying for him to act on my behalf will cost me between £50-70k and it is unknown if I will win or not. I earn £24k year, already have a mortgage and around £35k of debt, I can just about cover bills and so cannot afford to do this. Can you help or point to someone who can help please?

    Thanks

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  • #2
    When I was in practice I used to deal with this type of case advising liquidators and company directors.

    The case against you is being brought under provisions of the Insolvency Act 1986, and must relate to things for which it is said that you are responsible relating to the management of this company, dealings with its assets etc.

    This is complicated and specialist stuff. To give you proper advice it will be necessary - in the first place - to consider the full details of the claim and the evidence so far served by this claimant.

    I suggest that you prepare a detailed point by point commentary on all the material from the claimant, and ask your solicitor what the cost would be to obtain advice on your chances from a specialist insolvency law barrister of about 5 year's experience.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment

    • #3
      Totally up to you whether you contact them or not, but only do so on a Pro Bono basis. Or look for similar.

      https://www.serlecourt.co.uk/about-u...reach/pro-bono

      Comment

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