Actual Claimant not enforcing

[MLW]

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.

[atticus]

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

[MLW]

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?

[atticus]

So they can act in the enforcement part too?

Yes.

What if I paid the Claimant direct as don't think they will ever see the money if I pay solicitor?

Why so cynical?

[MLW]

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.....

[atticus]

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

[R0b]

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.

[MLW]

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

[R0b]

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.

[atticus]

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

[DE DOGS]

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

Possible had a bad experience in the past ?,