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Advice on Debt Not Owed Please

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  • Advice on Debt Not Owed Please

    Thank you in advance for taking time to read this post, not sure if this is the correct section to post under but looking for some advice please.

    My partner and I bought a house in early December 2014 and are wanting to extend. We were recommended 2 architects , one from a family friend and the other by someone who cuts my partners hair who had done some drawings for him.

    We spoke to the one recommended by the family friend first- he came to visit the property had a look around, briefly discussed what we wanted and said he would sent a quote out. He did and if we wanted to go ahead with him we had to sign a contract and send him a deposit.

    Anyway a few days later (around 20th December) the other architect came out, the same conversation took place, he said he was very busy over the Christmas period until the first week in January so we should not expect the quote before then. He said he would take the measurements then and there just in case to save him a second trip if we wanted to go ahead. My partner gave him our email address as he said he would email a quote over. The only cost that was discussed is that it would be around £450 but once he looked over everything he would give an exact quote.

    We weren't in any particular rush as had loads of other work to get on with so that was fine we decided to wait for the second quote.

    On 4th Jan my partner received an email from the second man, not with a quote but with actual drawings he had done! We had not discussed anything specific for the internal layout as he said this would be discussed if we went ahead with him, so it was his interpretation of the layout. He sent them over very late at night so the first thing we did the next morning was to call him, we explained we did not expect drawings but a quote as agreed as we had not agreed to take any services out with him. We said we would be in touch when we had made a decision about what we wanted to do and when we had received his quote so we could make a decision.

    Over the course of the next few weeks our 7 month old baby girl was taken into hospital for quite lengthy stays on two occasions. So we put everything on hold. We had one missed call from this man but had not found the time to call him back. A couple of days later we received an email with an invoice from him for £450 plus £100 for planning acceptance. We called him later that day and explained we had no agreement with him, also emailed him saying the same. This man threatened that if we did not pay within 7 days he would instruct legal proceedings. We replied via email saying we have no contract with him, we did not ask him to carry out any work- we only asked for a quote which was never received.

    Today we have received a letter from a solicitor asking we make payment by 2nd March.

    We had a look at the solicitor he used on their website- they are based in London and we are in the North West, their main selling point was their advertisement of cheap first letters (£1.95 plus VAT).

    Does anyone have any advice of where we stand please or who to turn to for advice without it costing any/much money? Should we reply to this solicitor letter or to the man and if so what should we say?

    Thank you for taking the time to read this.
    Tags: None

  • #2
    Re: Advice on Debt Not Owed Please

    Sounds like a high class outfit of lawyers then...

    Any chance you can post up the letter? Easier to help with a response that way xx

    Yes you should respond to it detailing that you have not contracted at all with this man and had only asked him for a quotation and that you have no liability to him at all. He just sounds like he is trying it on. DO you know any clients of his ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Advice on Debt Not Owed Please

      Was anything signed authorising the drawing of plans?
      Sounds to me this 2nd man is in the simplest terms a " chancer".
      Running to " solicitor" so quickly makes me very suspicious.
      What is the name of these solicitors " the letter fee" is rather odd I think.

      nem

      Comment


      • #4
        Re: Advice on Debt Not Owed Please

        Thanks so much for replying.

        i will upload a copy in the morning when have access to scanner.

        unfortunately we don't, my partners hairdresser knew him as he had done work for a friend of a friend.

        Nothing was signed nor agreed verbally.

        thanks again
        Last edited by Kati; 22nd February 2015, 20:57:PM. Reason: removed link

        Comment


        • #5
          Re: Advice on Debt Not Owed Please

          Originally posted by uk=clif View Post

          We had a look at the solicitor he used on their website- they are based in London and we are in the North West, their main selling point was their advertisement of cheap first letters (£1.95 plus VAT).
          Quality solicitors then.

          Comment


          • #6
            Re: Advice on Debt Not Owed Please

            Hi everyone,

            Thanks for your responses- here is a copy of the letter, would be so grateful if someone could help with a response.

            Thank you again.
            Attached Files

            Comment


            • #7
              Re: Advice on Debt Not Owed Please

              Please name the solicitors, it will help to tailor a response for you.
              I can assist with a response for you.

              nem

              If you don't want to put this on the open forum please PM me.

              Comment


              • #8
                Re: Advice on Debt Not Owed Please

                Sorry about that- Lane & Co Solicitors.

                Thanks

                Comment


                • #9
                  Re: Advice on Debt Not Owed Please

                  Hi, Clif,
                  Responding to PM.

                  I know this company a firm of solicitors in Walsall, core business is Trade/Business Debt Collection tend to be a bit " full of their own importance" but at the end they are just debt collectors.

                  I've given you a template on the reply to the PM, we know there is no contract verbal or written in regard to the alleged debt so I have
                  "put in a prove it" demand in the draft.

                  The name of the partner " in charge " of this filed of their business is on there as well.

                  nem

                  Comment


                  • #10
                    Re: Advice on Debt Not Owed Please

                    Thanks for your help nem, will update with the outcome.

                    Comment


                    • #11
                      Re: Advice on Debt Not Owed Please

                      I have a hearing lined up with this company next month for a client.

                      UK=CLIF, if the reply provided by Nem doesn't satisfy them, I'm happy to help with drafting a Defence which will be a piece of cake .

                      They're actually called Lanes4Claims (from memory) - Lane & Co Solicitors is a trading name.

                      Comment


                      • #12
                        Re: Advice on Debt Not Owed Please

                        Hello again everyone,

                        We heard nothing back for a while, but today received an email from the architect himself, which is below:

                        ****

                        I have received your response from my solicitors to their letter before action in which


                        you refute the fact that you agreed for me to do your plans.


                        There is no doubt to me that you asked me to proceed with the plans which I did as


                        agreed, and we had subsequent telephone conversations to discuss the plans.


                        For that reason I now request that you make payment within 14 days of this letter. If


                        payment is not received on or before 19th March 2015 I will instruct my solicitors to


                        issue court proceedings against you.


                        I will enter into no further correspondence with you unless it is for the purpose of


                        arranging payment.

                        ****
                        Please could I be advised on what our next steps should be?

                        Thanks

                        Comment


                        • #13
                          Re: Advice on Debt Not Owed Please

                          Ummm... Be very careful... I had an architect do something similar to me and he took me to court and he won.... Which when afterwards the council came chasing the fact that there was no planning permission sought on one of the structures he was supposed to have got planning permission for it was even more galling.......
                          Em if he had telephone conversations with you invite him to provide dates and times. Don't ignore him..... Also get down in writing a rebuttal asap and you also have the other architects quote hopefully but none from him....

                          Comment


                          • #14
                            Re: Advice on Debt Not Owed Please

                            I would reply to the architect setting out your position. You do not recognise that you owe him any debt and, in the event court proceedings are issued, they will be vigorously defended.

                            They're glorified debt collectors, nothing more. Don't let them intimidate you into paying something you do not owe.

                            Comment


                            • #15
                              Re: Advice on Debt Not Owed Please

                              Hello again! Please could someone help again... Would be so grateful. We have received a court summons from this guy today! What should my next move be? Thank you in advance

                              Comment

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