Threat of County Court Claim from Community Group – grateful for advice

[Chapson]

Hi all,

I’m looking for advice about a civil dispute I’ve been dragged into involving a community group I helped manage. I was the Treasurer of a small, local voluntary group that folded in 2023. After most of the committee resigned, I stayed on with two others to help close things down.

Part of that involved clearing a store full of old equipment - some saleable but most was rubbish or recyclable. That was my job. Once the group voted to close there were no formal meetings, no minutes and everything was being communicated informally through Facebook Messenger. One of the remaining committee members initially suggested getting a clearance quote, which I arranged. The quote came back too expensive so I explored alternatives and ended up arranging clearance with a local trader.

I discussed broad costs and the process in our messages, and no one objected or told me to stop. Admittedly, there wasn’t a formal recorded agreement either. There was no formal process left at that point.

Now, a solicitor acting for the group (I assume at the instruction of another committee member) is claiming no consent was given for the works, demanding repayment of the full c.3k the and threatening County Court proceedings if it’s not paid by 27 May.

I’m genuinely frightened. I tried to do the right thing for the community when others walked away and now this might affect my family, my home and my career? I can’t afford a solicitor privately and doubt I’m eligible for legal aid.

Can anyone recommend where I can get proper advice or legal support for this?

I have evidence of all the conversations, quotes, invoices etc. but I don’t know how to respond to the solicitor’s letter or whether this could seriously damage me financially or professionally.

Any advice, experience or signposting would be hugely appreciated given the tight timescale.

Grateful in advance for any advice.

[echat11]

You need to stop worrying, because that won't help.
When you start thinking about it, distract yourself.

Have a read of the following, what you've been sent is a LBA, that's part of the protocols.

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

Lets say you defend the claim, but lose, a Court will only ask you to pay what you can afford.

It might be an idea to see if other Committee members can support you with Witness Statements later in proceedings.

[Pezza54]

Does the letter from the solicitor mention Alternative Dispute Resolution such as mediation?

IMO you should reply to the solicitor that you acted in good faith to clear the store, obtained a quote from a clearance company that was too expensive and following discussions with committee members that hadn't resigned, you contacted a trader that provided a cheaper quote. State you have written quotations and can relate discussions with members that took place about the clearance.
End with if you receive a formal court claim you have every intention of filing a full defence

[Chapson]

Thank you both, I appreciate the advice.

I’ll be honest, this is quite frightening. I’ve never dealt with anything like this before and the threat of legal action feels heavy, especially when I have a family, mortgage and a job that involves DBS and credit checks. I know I’ve acted in good faith but it’s a lot to process with such a short deadline.

No, the solicitor’s letters haven’t mentioned ADR or mediation.

I’ve already responded twice to earlier letters explaining that I acted in good faith, obtained an alternative quote (which I’ve provided) and proceeded following open, though limited, discussions with the remaining committee members.

I’m still keen to resolve this. It’s disappointing that funds meant for local charities are now potentially being directed into legal costs and, to my knowledge, no quorum decision was made to authorise instructing a solicitor. The third committee member was in all the group messages but has been largely inactive.

So far, I’ve kept my tone polite and cooperative, answering every question and providing evidence as asked. Would it be sensible to continue that way for now, or is it time to formally raise my own governance concerns before a claim is issued?

Also is it wise for me to propose at this stage, or does that weaken my position?

Thank you again.

[Pezza54]

Who is paying this solicitor to write letters? Or is the solicitor a friend of a friend?

IMO it is unlikely the solicitor will start court action for the recovery of £3k. A solicitor could cost more than £3k in legal fees if the claim was to reach a final hearing. Even if the solicitor was successful they would not be able to recover most of their fees on the small claims track

[Chapson]

The correspondence from the solicitor started with “we act on behalf of xxx (the group)”. A recent email had the name of the group in the subject but also the surname of one of the committee members so I’m not clear. I’m unaware of connections between this member and the solicitors.

[Chapson]

The correspondence from the solicitor started with “we act on behalf of xxx (the group)”. A recent email had the name of the group in the subject but also the surname of one of the committee members so I’m not clear. I’m unaware of connections between this member and the solicitors.

[echat11]

I don't know how much time you spent on this, if there were any other costs / monies owed to you, then when you file your Defence (if it goes to Court), you could counter-claim against the Claimant.

That is something you could put in your response.

[Chapson]

Hi all.

Thank you again for the advice so far, it’s made a huge difference. I’ve had some interesting news that I’d appreciate your opinions on….and I also wanted to update on where things now stand.

Firstly, I’ve tried to access free community legal advice locally but, unfortunately, none of the services I’ve approached are currently offering appointments due to demand. It’s been difficult trying to deal with this alongside work and family so your input here continues to be hugely appreciated.

Since my last post:

• A paralegal acting for the “group” sent a letter before action dated 13 May 2025. I omitted to advise the forum previously that it wrongly stated I hadn’t responded to their correspondence. In fact, I had emailed them on 7 May with the requested clearance quote, VAT details and a request for alternative payment instructions.

• When I received that letter, I emailed again on 15 May to clarify that I had already replied and again asked for confirmation and payment details.

• I received a reply on 20 May from a director at the firm who acknowledged my emails. However, they are still denying their count gave consent for the clearance, demanding full payment and now requesting I hand over “all the books”.

Here’s the crucial new development:

The group’s constitution has a clear quorum requirement for decisions and I’ve now had confirmation from the other remaining committee member (there were three of us) that no quorum decision was ever made to instruct a solicitor or remove me from the group’s bank account. Both actions were taken unilaterally by one committee member.

I hadn’t previously mentioned that I was removed as a bank signatory without my knowledge or approval. This prevented me from banking funds and is why I’ve repeatedly asked the solicitor for alternative payment instructions, which they have so far ignored.

I’ve also been told the committee member pursuing this has been openly discussing the matter in public, which breaches the confidentiality expectations of the committee.

At this point, I’m keen to focus on the facts,resolve this fairly and protect my position properly. I’d really appreciate guidance on:

1. Should I formally raise the governance and quorum breaches (no proper authority for solicitor instruction or removing me from the bank account) with the solicitor, or reserve these for a formal defence if a claim is issued?

2. Should I continue my factual, polite tone for now, or begin challenging the procedural breaches and solicitor authority more directly?

3. As the solicitor claims to act on behalf of “the group”, should I insist they provide evidence of proper authority (a recorded committee decision or similar)? And if not, am I within my rights to refuse to deal with them on group matters? Furthermore, should I ask for who is paying for their service?

4. Should I respond to the demand for “the books” now, and if so how best to handle that? (My current inclination is to refuse.)

Sorry for the long ramble, I’d been hoping that this would pass quickly. Thank you again for your time and support; your advice is invaluable and appreciated.

[Chapson]

Hi all.

Thank you again for the advice so far, it’s made a huge difference. I’ve had some interesting news that I’d appreciate your opinions on….and I also wanted to update on where things now stand.

Firstly, I’ve tried to access free community legal advice locally but, unfortunately, none of the services I’ve approached are currently offering appointments due to demand. It’s been difficult trying to deal with this alongside work and family so your input here continues to be hugely appreciated.

Since my last post:

• A paralegal acting for the “group” sent a letter before action dated 13 May 2025. I omitted to advise the forum previously that it wrongly stated I hadn’t responded to their correspondence. In fact, I had emailed them on 7 May with the requested clearance quote, VAT details and a request for alternative payment instructions.

• When I received that letter, I emailed again on 15 May to clarify that I had already replied and again asked for confirmation and payment details.

• I received a reply on 20 May from a director at the firm who acknowledged my emails. However, they are still denying their count gave consent for the clearance, demanding full payment and now requesting I hand over “all the books”.

Here’s the crucial new development:

The group’s constitution has a clear quorum requirement for decisions and I’ve now had confirmation from the other remaining committee member (there were three of us) that no quorum decision was ever made to instruct a solicitor or remove me from the group’s bank account. Both actions were taken unilaterally by one committee member.

I hadn’t previously mentioned that I was removed as a bank signatory without my knowledge or approval. This prevented me from banking funds and is why I’ve repeatedly asked the solicitor for alternative payment instructions, which they have so far ignored.

I’ve also been told the committee member pursuing this has been openly discussing the matter in public, which breaches the confidentiality expectations of the committee.

At this point, I’m keen to focus on the facts,resolve this fairly and protect my position properly. I’d really appreciate guidance on:

1. Should I formally raise the governance and quorum breaches (no proper authority for solicitor instruction or removing me from the bank account) with the solicitor, or reserve these for a formal defence if a claim is issued?

2. Should I continue my factual, polite tone for now, or begin challenging the procedural breaches and solicitor authority more directly?

3. As the solicitor claims to act on behalf of “the group”, should I insist they provide evidence of proper authority (a recorded committee decision or similar)? And if not, am I within my rights to refuse to deal with them on group matters? Furthermore, should I ask for who is paying for their service?

4. Should I respond to the demand for “the books” now, and if so how best to handle that? (My current inclination is to refuse.)

Sorry for the long ramble, I’d been hoping that this would pass quickly. Thank you again for your time and support; your advice is invaluable and appreciated.

[echat11]

Hi all.

Thank you again for the advice so far, it’s made a huge difference. I’ve had some interesting news that I’d appreciate your opinions on….and I also wanted to update on where things now stand.

Firstly, I’ve tried to access free community legal advice locally but, unfortunately, none of the services I’ve approached are currently offering appointments due to demand. It’s been difficult trying to deal with this alongside work and family so your input here continues to be hugely appreciated.

Since my last post:

• A paralegal acting for the “group” sent a letter before action dated 13 May 2025. I omitted to advise the forum previously that it wrongly stated I hadn’t responded to their correspondence. In fact, I had emailed them on 7 May with the requested clearance quote, VAT details and a request for alternative payment instructions.

• When I received that letter, I emailed again on 15 May to clarify that I had already replied and again asked for confirmation and payment details.

• I received a reply on 20 May from a director at the firm who acknowledged my emails. However, they are still denying their count gave consent for the clearance, demanding full payment and now requesting I hand over “all the books”.

Here’s the crucial new development:

The group’s constitution has a clear quorum requirement for decisions and I’ve now had confirmation from the other remaining committee member (there were three of us) that no quorum decision was ever made to instruct a solicitor or remove me from the group’s bank account. Both actions were taken unilaterally by one committee member.

I hadn’t previously mentioned that I was removed as a bank signatory without my knowledge or approval. This prevented me from banking funds and is why I’ve repeatedly asked the solicitor for alternative payment instructions, which they have so far ignored.

I’ve also been told the committee member pursuing this has been openly discussing the matter in public, which breaches the confidentiality expectations of the committee.

At this point, I’m keen to focus on the facts,resolve this fairly and protect my position properly. I’d really appreciate guidance on:

1. Should I formally raise the governance and quorum breaches (no proper authority for solicitor instruction or removing me from the bank account) with the solicitor, or reserve these for a formal defence if a claim is issued?

2. Should I continue my factual, polite tone for now, or begin challenging the procedural breaches and solicitor authority more directly?

3. As the solicitor claims to act on behalf of “the group”, should I insist they provide evidence of proper authority (a recorded committee decision or similar)? And if not, am I within my rights to refuse to deal with them on group matters? Furthermore, should I ask for who is paying for their service?

4. Should I respond to the demand for “the books” now, and if so how best to handle that? (My current inclination is to refuse.)

Sorry for the long ramble, I’d been hoping that this would pass quickly. Thank you again for your time and support; your advice is invaluable and appreciated.

1. Should I formally raise the governance and quorum breaches (no proper authority for solicitor instruction or removing me from the bank account) with the solicitor, or reserve these for a formal defence if a claim is issued?

Formal Defence if claim is raised.

2. Should I continue my factual, polite tone for now, or begin challenging the procedural breaches and solicitor authority more directly?

Continue factual, polite tone.

3. As the solicitor claims to act on behalf of “the group”, should I insist they provide evidence of proper authority (a recorded committee decision or similar)? And if not, am I within my rights to refuse to deal with them on group matters? Furthermore, should I ask for who is paying for their service?

You could ask who their client is, but you already have this information from the solicitors, they claim 'the group'

(previous Committee Members hasn't authorised a group action against you. This is part of your Defence.

4. Should I respond to the demand for “the books” now, and if so how best to handle that? (My current inclination is to refuse.)

Do 'the books' have any relevance in the case?

[Chapson]

Thank you. Just to check I’m on the right path, is it appropriate to let the other side proceed as they seem intent on and only raise the governance issues if a formal claim is issued? This would be risking wasting group funds, meant for local charity, on legal fees?

I’m inclined to agree to refuse their demand for “the books” as they haven’t clarified what they mean, and given there was no proper authority for the solicitor’s instruction, should they even have access to internal group records? I’m not sure how to phrase that in a polite and friendly manner - does data protection or committee confidentiality come into play here, or am I overthinking that?

Lastly, is it worth quietly noting my concerns somewhere about the misuse of funds, or best to hold back completely for now?

[echat11]

Thank you. Just to check I’m on the right path, is it appropriate to let the other side proceed as they seem intent on and only raise the governance issues if a formal claim is issued? This would be risking wasting group funds, meant for local charity, on legal fees?

I’m inclined to agree to refuse their demand for “the books” as they haven’t clarified what they mean, and given there was no proper authority for the solicitor’s instruction, should they even have access to internal group records? I’m not sure how to phrase that in a polite and friendly manner - does data protection or committee confidentiality come into play here, or am I overthinking that?

Lastly, is it worth quietly noting my concerns somewhere about the misuse of funds, or best to hold back completely for now?

a) Is it appropriate to let the other side proceed as they seem intent on and only raise the governance issues if a formal claim is issued? This would be risking wasting group funds, meant for local charity, on legal fees?

You aren't using 'group funds'. They are trying to claim monies from you as a 'Committee Member'.

Can you explain the following? 'When I received that letter, I emailed again on 15 May to clarify that I had already replied and again asked for confirmation and payment details.'

b) I’m inclined to agree to refuse their demand for “the books” as they haven’t clarified what they mean, and given there was no proper authority for the solicitor’s instruction, should they even have access to internal group records? I’m not sure how to phrase that in a polite and friendly manner - does data protection or committee confidentiality come into play here, or am I overthinking that?

State that the books are being held for 'safe keeping' and 'data protection' reasons.

c) Lastly, is it worth quietly noting my concerns somewhere about the misuse of funds, or best to hold back completely for now?

Yes if it's important.

[Chapson]

They’ve asked for me to pay any cash I hold as treasurer into the groups bank account, as well as the £3k they claim. I’m happy to return the cash but the bank have confirmed I can’t make a deposit as I’ve been removed from the bank account.

I’m not using group funds, but who is paying the solicitor? If their client is the group, as they claim, under the inappropriate instruction of a solitary committee member (who also has sole control of the bank account against the group rules) then continuing work on their part has to be paid for? Am I being too simplistic in my thinking?

[echat11]

They’ve asked for me to pay any cash I hold as treasurer into the groups bank account, as well as the £3k they claim. I’m happy to return the cash but the bank have confirmed I can’t make a deposit as I’ve been removed from the bank account.

I’m not using group funds, but who is paying the solicitor? If their client is the group, as they claim, under the inappropriate instruction of a solitary committee member (who also has sole control of the bank account against the group rules) then continuing work on their part has to be paid for? Am I being too simplistic in my thinking?

Write back to them, ask the questions you want answers to, explain that until you get answers to your questions the books will be retained for 'data protection' reasons.