Claiming money back from client

[barry_2008]

eeer

I told the thread what was posted yes.

[asokn]

who told you that?

 

So why say that?

 

Anyway, it's not that important; I just found it odd that you could make a £300,000 cash loan and were then, or at least are now, entitled to ESA.

[barry_2008]

your right its not that important. but I cant find a solicitor that will represent me.

I need the N1 form filled in and need some advice on it.

I was just before wondering if any one new of a decent solicitor.

[asokn]

I don't think the forum is allowed to recommend a solicitor. I think you'll have to research that yourself I'm afraid.

[andydd]

Im sure Im not the only one finding this all a bit odd !

 

Surely anyone with a claim for such a huge amount of £300,000 would be very wise to instruct a solicitor, there are thousands of them everywhere, if the problem is that no-one will take on the claim then perhaps it is a warning that it is weak.

 

A 300k claim would be on the mult-track and if the OP is having problems at this stage then he should be warned it WILL get very complex, with strict adherence to rules, CPR, experts, witness statements, whislt the OP may be elligible for fee waivers the costs in multi-track cases can be astronimical and the Op may be at risk if he loses the case.

 

If the OP is having trouble filling in the simple N1 form then he will certainly run into problems later on.

 

Perhaps the Op could explain exactly what his claim is ?. Is he a LiP or running a business ?. Has he any legal experience ?, etc

 

Andy

Edited April 15, 2012 by andydd

[asokn]

Im sure Im not the only one finding this all a bit odd !

 

Thank you! I wondered if it was just me!

[barry_2008]

i dont understand what is wrong with this if one is supoosed to be paying strict attention to cpr rules.

Any way I am grateful for any help.

[andydd]

You will only be exempt of Court Fees (which may be quite significant), Costs (i.e the cost of your legal team, if you use one AND the costs of the defendants team) will be payable by you if you lose irrespective of a fee waiver*, I doubt somone is going to hand over £300k without a fight, they may hire a complex team of solicitors and barristers, even costs forb a day trail could run into tens of thousands.

 

* There are some circumstances where if you are given legl aid where costs may not be recoverable, however legal aid is not given lightly.

 

It also would appear that an amount this high would be heard in the High Court, London

 

 

1.Multi track claims involve court claims and claimants that wish to seek awards that value more than £15,000 pounds or court cases that will result in a lengthy trial with considerable amounts of evidence. Multi track cases are typically before the High Court, London. Unlike the standard small claims track cases and fast track cases previous discussed, claimants will find multi track cases far more complex. Significant documents will need to be filed and the expected trial will result in more than one day of examination.

 

 

Im aware that the small claim limit is due to rise to £15,000 so i expect that the fast and multi track limits may rise too but I doubt as high as £300K.

 

To be honest your questions here make me worry that you havnt a clue what you are doing, remember even just starting a claim and then dropping or discontinuing it may leave you liable for huge costs !, I recommend you seek professional advice before going any further.

 

Andy

[barry_2008]

to answer an earlier question.

 

I am a soletrader running a debt collection business. I collect debt that are over the consumer threshold limit of £200,000.

 

I get involed with my client before they chase debt and I refer them to a baliffss when the time is right.

 

My business is based on referals but I am looking to make improvements on this debt collection side of things.

[asokn]

to answer an earlier question.

 

I am a soletrader running a debt collection business. I collect debt that are over the consumer threshold limit of £200,000.

 

I get involed with my client before they chase debt and I refer them to a baliffss when the time is right.

 

My business is based on referals but I am looking to make improvements on this debt collection side of things.

 

Haha, well you kept that quiet!

 

I don't think it's fair to ask people to give their spare time and knowledge to boost your business profits, particularly on a forum designed to help individuals (usually fighting off debt collection agencies no less!) without being clear as to your motives. You should do what everyone else does and pay a consultant for a service. If you want business advice I'm not going to give it to you for free so you can then see your business reap the rewards of my, and others, work!

Edited April 15, 2012 by asokn

[andydd]

I agree

 

All sounds rather dubious to me, I have nothing further to add.

 

Andy

Edited April 15, 2012 by andydd

[wfspayback]

Hold on....

 

First it was a cash loan and you receive ESA and now you run a DCA... Does running a DCA comply with the permitted work rules for ESA entitlement.

 

Under the Permitted Work rules you can:

 

work for less than 16 hours a week on average, with earnings up to £97.50 a week for 52 weeks

work for less than 16 hours a week, on average, with earnings up to £97.50 a week if you are in the Support Group of the main phase of Employment and Support Allowance

work and earn up to £20 a week, at any time, for as long as you are receiving Employment and Support Allowance

do Supported Permitted Work and earn up to £97.50 a week for as long as you are receiving Employment and Support Allowance, provided you continue to satisfy the Supported Permitted Work criteria

Supported Permitted Work means work that is supervised by someone who is employed by a public or local*council or a voluntary organisation, and whose job it is to arrange work for disabled people. This could be work done in the community or in a sheltered workshop. It also includes work as part of a hospital treatment programme.

[barry_2008]

94 posts now

[panther12]

your right its not that important. but I cant find a solicitor that will represent me.

I need the N1 form filled in and need some advice on it.

I was just before wondering if any one new of a decent solicitor.

 

Moneyclaim for sums outstanding.

 

Defendant has failed to pay the claimant 300k in accordance with attached agreement and claimant claims 300k plus int.

 

If they don’t acknowledge or defend you request judgment in default then instruct bailiffs.

 

Simples.

[andydd]

Moneyclaim for sums outstanding.

 

Defendant has failed to pay the claimant 300k in accordance with attached agreement and claimant claims 300k plus int.

 

If they don’t acknowledge or defend you request judgment in default then instruct bailiffs.

 

Simples.

 

Well..simples upto that point, but it could well be a very complex high court case, certainly not something for the uninitiated or someone who is having trouble with the N1 form

 

Andy

[Ganymede]

This will almost certainly be a High Court matter but I agree with Asokn, why should we help a DCA boost its profits?