Received email letter before claim while travelling abroad

[BazzaS]

30 minutes ago, jans12 said:

Hi thanks for your response, the penal notice concern is if he gets a ccj and requests an order for questioning in court under oath,  to find out where my money is and I do not turn up as I am abroad, it can be contempt of court, not sure how practical or if he would go so far for £850, or if he bluffing .

Perhaps I over think it.   

You do over think it.

That would be multiple bridges that’d need to be crossed

1) They get a CCJ

2) they get an order for questioning in court (which would be difficult if he’s already applied for service out of jurisdiction: and do they have an address for service?)

3) Contempt of court would be for “deliberately not turning up”, not “out of the country and didn’t know was expected to turn up”.

 

In terms of your initial query : have you had a final response to your complaint? I suspect so if the solicitor is talking about issuing a claim.

Does it mention your right to go to the Legal Ombudsman (LO) ?

I’d complain to the LO. Let the solicitor know you are escalating this to the LO and suggest they await the outcome of that before issuing their claim against you.

(Then if they do issue before the LO has reached their decision you ask the court to stay the case pending the LO’s decision which is binding on the solicitor).

 

Edited May 29, 2023 by BazzaS