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My solicitors applied to the county courts for a debt

recovery of £10,800 for a...
My solicitors applied to the county courts for a debt recovery of £10,800 for a service they say they provided. I requested the court for a stay of any hearing as I had lodged a complaint against the firm with the legal ombudsman, my application for a stay was granted.
My solicitors are now re-applying to the courts challenging the courts jurisdiction on granting my stay.
At this time can I apply to the courts not only to extend the current stay but add a counterclaim for monies incurred by myself due to the poor advice I originally received from my solicitors
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Answered in 1 minute by:
12/5/2017
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 6,733
Experience: Solicitor
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Hello my name is ***** ***** I will help you with this.

Is the stay almost coming to an end?

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Customer reply replied 4 months ago
it runs out in 18/01/2018

I assume you are defendant? Did you lodge a defence?

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Customer reply replied 4 months ago
I'm not sure, I gave some examples of my issues and explained I had lodged a comment and just asked the courts to stay any hearing until we had been dealt with by the ombudsman, who have advised they are still currently investigating my complaint

Yes. When you had the claim form, you must have filed something in response?

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Customer reply replied 4 months ago
I filed to say I would defend the claim as I dispute a large proportion of the amount being claimed by the applicant

Sure. But you didnt counter claim at the time?

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Customer reply replied 4 months ago
No, I had originally engage the solicitors to help me regain possession of the property being used by my daughter, and my solicitors advice at court it was agreed and court-ordered that my daughter could remain in The property, put the property up for sale and that once the property was sold the original cost of the property and my investment was to be returned to me, my daughter breached the court order and indeed turned the property into a cannabis farm.
I then had to take my daughter back to court myself and did indeed regain possession of the property, and have since incurred £9000 expenses to repair the property to a marketable State , I feel that the advice given by my solicitor was completely incorrect and as such hence the need to counterclaim for his inability to breach my daughter with the courts despite numerous requests from myself prior to her growing cannabis
Customer reply replied 4 months ago
My solicitors had registered my claim in the property with the land registry but given their address as the people to be informed should any sale proceed, they are now claiming I may try to sell the property and dispose of any assets to avoid having to pay them anything in the future. This is obviously not something I could Or Will do as the current court order does not allow me to sell the property without the court consent
Customer reply replied 4 months ago
I want to counter claim for the repairs to the property as the solicitors failure to act enabled my daughter to act in the way she did

Ok. You need to apply to the Court to extend the stay AND counter claim at the same time.

You need the Court's permission for a counter claim as you have done this when you filed a defence.

So the answer is yes, you can apply.

You need to use form n244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There is a Court fee of £100 to pay, unless you are entitled to fee remission.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 6,733
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Customer reply replied 4 months ago
Thank you I will do as you advise
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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