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Statutory Demand Issued after Solicitor messed up

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  • #1

    Statutory Demand Issued after Solicitor messed up

    Please can anyone help as I am at my wits end.

    My husband and I had a county court claim issued against our small business which I instructed and paid a solicitor to defend. The original solicitor left the firm and they missed a directions notice date so judgement was entered in our absence. They applied to have this set aside but the judge refused and the judgement stands. The claimant has now issued a statutory demand for the full amount of nearly £30k against us.

    The original solicitor will not reply to my emails and having paid the original solicitor I am not in position to pay a new solicitor to sort this mess out. I have looked at the IAA form and could probably fill it out myself with some help but everything I have read is about the CCA and I am unsure if we would have grounds to apply to set this aside. Can anyone offer any advice ?
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  • #2
    I'll give pt2537 and Celestine a shout for you.

    In the meantime can you tell us who the judgment and stat demand is against (ie you as individuals, you as individuals trading as something or a limited company)?

    Comment

    • #3
      Afternoon, just reading up on the thread now
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.
      • 1 thank

      Comment

      • #4
        Difficult this, setting aside the demand is going to be a hack of a struggle, if the judgment has been subject to an application to set aside and that application failed, then the debt is immediately due and payable, and therefore its difficult to see what possible grounds you could have to set aside the demand.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.
        • 1 thank

        Comment

        • #5
          If the previous solicitor made errors leading to judgment being entered, then you may have a claim against them for professional negligence.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.
          • 1 thank

          Comment

          • #6
            The debt is in our personal names as we are a partnership. There's definitely a case for negligence against the solicitor as we had no idea judgement had been entered until we were served with the statutory demand !

            Comment

            • #7
              I'm interested on how you got on with this or if you complained to the Law Society or the Solicitors Regulation Authority (SRA)?

              Comment

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