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Does anyone know a good litigator in the UK
Thread poster: Debora Villa
Debora Villa
United Kingdom
Local time: 04:03
English to Italian
+ ...
Oct 24, 2006

Hi Everyone,

I am at the end of my tether with a client who owes me a considerable amount of money. I think I have reached the stage where he needs to be contacted by a solicitor. Has anyone ever been in this position? Could you recommend a good UK based litigator?

TIA


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David Brown  Identity Verified
Spain
Local time: 05:03
Spanish to English
UK litigator Oct 24, 2006

http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

What is the Small Claims court?
What is covered by the procedure?
Claimants can use the procedure to recover unpaid bills, rents or refunds of rental deposits for property, overpayments of bills to power companies and other utilities. As a general rule, a person has a legitimate claim if someone owes them money and is refusing to pay-up. All you need is proof that the debt exists - a document or reliable witnesses.

Read this document, get the form and send it to the small claims court nearest the address you have for your client.
And good luck!


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Debora Villa
United Kingdom
Local time: 04:03
English to Italian
+ ...
TOPIC STARTER
Thanks! Oct 24, 2006

Thank you so much for your help David, I have just submitted a claim through the website! Fingers crossed!

Have a good day


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Ewa Dabrowska  Identity Verified
United Kingdom
Local time: 04:03
English to Polish
+ ...
small calim court? not that easy Oct 24, 2006

I have a recent hands-on experience with small claim court. I have already had a judgment in my favour twice but, against logic, the case is not over. The defendent just needs to file a request to set aside the judgment, without giving a reason. They accept every application, just like that! I have already been to court 3 times and still have to go back, as the defendent is playing a cat and mice with me and the court is more then happy to accept that and gives him a go-ahead. Last time we were listed for 2h at 10:15. We didn't go in bedore 3:30, at which point the judge decided that no point starting so late. So I'll have to pay my representative for another day in court.
Besides, the judgment is just the beginning. The court does not assist you ni recovering the money form the defendent. You can pay another #50 (having paid 120 just to issue proceedings) just to send a bailiff round (they normally prove very ineffcient) or order an attachement of earnings, or, if you want to freeze his bank account (if you know it), there'll be more fees and another hearing, which you have to attend or else it's a dafault decision against you. So, just winning the case dees not mean a thing.

I find the whole procedure ineffcient, slow and unfair. Hope you will have more luck.


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Debora Villa
United Kingdom
Local time: 04:03
English to Italian
+ ...
TOPIC STARTER
it sounds awful! Oct 24, 2006

Thanks for replying Eva, it sounds absolutely horrendous! I'll see what happens, hopefully it won't be as bad although I can just imagine how this could drag on forever. I wish you luck!

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xxxAdrian MM.
Local time: 05:03
French to English
+ ...
High Street Solicitor Oct 24, 2006

If you don't get anywhere with the Small Claim (less than GBP 5,000 I presume), then - if you are in the UK - go to your local or nearest High Street Solicitor and ask for a quote for recovery. Look in the Yellow Pages, Local Ref. Library info sheets or contact your Local Chamber of Commerce for leads.

If you move to a County Court judgment, you may be able to enforce it using debt collectors/bailiffs.

Good litigators range up to QCs/Senior Counsel, but - unless your debt is worth at least GBP 15,000 - the cost of instructing them via Solicitors will not really be worth it with costs ranging anywhere between GBP 4,000 in the County Court to GBP 10,000 A DAY in the High Court.


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