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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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I AM A PERSON ALMOST 65 YEARS OLD A SOLICITOR IS TRYING TO

Resolved Question:

I AM A PERSON ALMOST 65 YEARS OLD A SOLICITOR IS TRYING TO CHARGE ME £20807.53 WHICH I DONT HAVE I AM ON JOB SEEKERS ALLOWANCE OF £65.45 PER WEEK I HAVE OFFERED THEM £5.00 PER WEEK WHICH IS ALL I CAN AFFORD BUT THEY HAVE REFUSED THIS AND SAY THEY WILL PUT ME OUT OF MY HOUSE
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi

 

What does the debt relate to you?

 

Do you dispute that you owe this money?

 

Do you own your own home solely, or with another person?

 

Tom

Customer: replied 6 years ago.
THE AMOUNT WAS FOR THE DISPUTE OF A WILL WHICH MY BROTHER MADE IN FAVOUR OF MY DAUGHTER AND APPOINTED ME TO CARRY OUT HIS WISHES TWO SIBBLINGS TOOK ACTION THROUGH THIS SOLICITOR AND DUE TO THE INCOMPETENCE OF MY LEGAL ADVISERS THE CASE WENT AGAINST ME AND RESULTED IN THIS BILL FIRST THEY SENT ME ABILL FOR £47,500 THEN THEY REDUCED THIS TOO £27,500 THEN THEY OFFERED TOO SETTLE FOR £15,000 I TOLD THEM TO TAKE IT TO THE TAXING MASTER WHICH THEY DID AND HE WAS TOLD OF THE OFFER TOO SETTLE FOR £15,000 SO AFTER A LOT OF TWO AND FROWING HE CAME UP WITH THIS FIGURE
Expert:  Thomas replied 6 years ago.

Hi,


Thanks for your reply.


Do you own your home solely or jointly with another person?

 

Is there any equity in the property?

 

Tom

Customer: replied 6 years ago.
WE DID OWN OUR OWN HOME BUT WE SIGNED IT OVER TO OUR THREE DAUGHTERS BACK IN 2001
Expert:  Thomas replied 6 years ago.

Hi,

 

Do you have any other significant assets against which they could enforce the debt?

 

When was the estate administered to which the debt relates, what year?

 

Tom

Customer: replied 6 years ago.

I DO NOT HAVE ANY OTHER ASSETS IT STILL HAS NOT BEEN ADMINISTERED AS YET THE COURT HEARING WAS IN 2006

Expert:  Thomas replied 6 years ago.

Okay.


I am restricting my answer just to what the creditor could enforce their debts against. Your dispute which has resulted in this debt is not something I can advise upon because it is a very specific problem relating to particular circumstances. You may consider taking advice from another local contentious probate solicitor on the issue of whether debt is properly payable by you or whether you have a claim against the solicitor you refer to as being incompetent.

 

The basic position is that they cannot enforce the debt against property that you no longer own (ie. the house). However, if they can prove that the property was transferred to your daughters was done so at an undervalue then it gets more complicated. They could apply to make you bankrupt in which case they could, under Insolvency Act, seek to set aside any transactions at an undervalue made in the previous 5 years.

This would put the house transfer outside the scope of that.

 

s423 of that act also gives the Court a power to set aside but does not set a time limit. It can set it aside transactions which were made with a view to putting assets beyond the reach of creditors even though there were no debts at the time and you were not engaging in activity that was likely to produce debts.

 

If you are confident that they will not be able to to prove that you transferred the house with a view to putting it outside of the reach of creditors then the house is probably safe. You should write to them and tell them that you do not own the house.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

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