• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Actual Claimant not enforcing

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Actual Claimant not enforcing

    Had a spurious claim and a no-win no-fee solicitor respresenting whom went for Costs too, and now the ambulance chaser solicitors are enforcing Judgment though Judgment is in the Claimants name - can they do this as not the actual Claimant? They just want to collect Claimants money due too and keep the money to add to their fanciful costs.
    Last edited by MLW; 8th June 2022, 12:50:PM.
    Tags: None

  • #2
    Could it be that the solicitors are acting for their client in seeking payment of the judgement debt?

    Comment


    • #3
      So they can act in the enforcement part too? What if I paid the Claimant direct as don't think they will ever see the money if I pay solicitor?

      Comment


      • #4
        Originally posted by MLW View Post
        So they can act in the enforcement part too?
        Yes.
        Originally posted by MLW View Post
        What if I paid the Claimant direct as don't think they will ever see the money if I pay solicitor?
        Why so cynical?

        Comment


        • #5
          Read the reviews of the claims solicitors as transpires when clients get their payment there are many deductions so not left with much. Do I pay the parasite lawyers and or parasites whom made the claim.....

          Comment


          • #6
            You appear to be unaware that some of the regulars here are lawyers.

            Comment


            • #7
              Just to clear a couple of points up:

              1. Claimant's can represent themselves or they can instruct lawyers to act on their behalf and that is entirely at their own discretion. This includes the right to instruct solicitors to enforce the judgment too but any enforcement application must be in the name of the Claimant as they would be the judgment creditor and that who you are liability to.

              2. It's not clear from your posts but I would be very, very surprised if, the solicitors had issued a writ in their own name rather than the claimant's name. In that case the writ would be defective and have no enforceability against you on the basis that the solicitors are not the judgment creditor. You would have to make an application to the court to dismiss the writ for that reason. The exception to that rule is if the court had made a third party costs order whereby it awards costs to a third party that is not party to the claim, in which case the solicitors would be able to enforce their costs directly. However that is normally a rare exception rather than the rule because the general position is to award the Claimant its own costs (being the costs paid to their lawyers) and then it's up to the solicitors to recover their costs from the Claimant.

              3. What does it matter to you whether the solicitors keeps the money of the Claimant? That is an issue between the Claimant and the solicitors so is of absolutely no relevance at all. Solicitors have a code of conduct and they take their instructions from their clients, so if the client chooses not to instruct the solicitors to enforce the judgment, then they should comply. If the solicitors have ignored that instruction then it could well be argued that they acted beyond their authority and also in breach of the code of conduct which may be considered a serious offence and disciplinary action could be taken against the firm or the individual solicitor. If this is what you are claiming then you should make an application to the court and ask the court to stay or revoke the writ on the basis explained. Should you go down this path, you best have some solid evidence to prove the Claimant did not want to proceed otherwise expect to be landed with further costs. It's not out of the realms of possibility that the solicitors could just simply get the Claimant to retrospectively consent to the enforcement of the judgment but whether that holds up, would be one for the court to decide.

              4. You could pay directly to the Claimant if you so wished, but make sure you make full payment of the total judgment debt, not what you think you should be paying. Part payment of a debt does not asbolve you of other costs and liabilities that have already been awarded/approved by the court.
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #8
                Not seen the actual writ - so i pay the Claimant in full inc costs not the no win-no fee solicitors?

                Comment


                • #9
                  Comply with the judgment order unless you become aware otherwise - if you don't have a copy of the judgment then call the court and get a copy.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    why is MLW so antagonistic to his successful opponent's lawyers?

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      why is MLW so antagonistic to his successful opponent's lawyers?
                      Possible had a bad experience in the past ?,

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X