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Without going into the tremendously long reason as to why, the people we once bought a flat from owe us money and have done for about 4 years. I've tried politely over the last couple of years to get them to reimburse us without going through legal channels but they are clearly just trying to avoid the issue. I'm now at a stage where I can't be bothered being nice and understanding about it, so who do I involve to get things moving? It's significantly more than I could claim through small claims court so I'm almost certain it's going to involve solicitors of some sort, I just don't know who.
I'm in Scotland by the way.
If it relates to a house purchase/sale the solicitor who handled the original conveyancing would be my first port of call.
The solicitor who was involved in the house purchase has since been embroiled in a money laundering affair although the case is not proceeding "at this time", and his estate agency and their lack of due diligence are half the reason that the money is owed in the first place. I'm not keen on using them.
Get a recommended solicitor on it and pay the £50-£150 fee for half an hour to discuss options and costs IMO.
depending on how much is owed then you can use the small claims court. You have 6 years from the date of issue to make a claim. I'm assuming you have made various attempts to recover the money.
You have 6 years from the date of issue to make a claim
No, if it's scots law, then it's 5 years. THIS IS IMPORTANT.
There are plenty of debt collection solicitors that should be efficient and not rip you off, eg Blacklocks in Edinburgh. Easiest to use an agent in the same sherrifdom as the defender and raise the action there tho. (I'd hope they'd not charge you for a quick initial chat.)
This assumes debtor is in Scotchland too.
I'm hoping the fact that we've been in contact regarding the debt for the last couple of years would do stop the statue of limitations clock. Especially seeing as they have apparently admitted their liability, although I have never seen physical proof of this. Either way, 5 years would be up around August/September this year so I'll not chance it.
I've got an appointment with a solicitor tomorrow for an initial chat.
Good luck.
I’m hoping the fact that we’ve been in contact regarding the debt for the last couple of years would do stop the statue of limitations clock
Nope, starts when you knew about the claim. But you're in plenty of time. (It's not uncommon for claims to be served on the last day possibe!)
No, if it’s scots law, then it’s 5 years. THIS IS IMPORTANT.
typo.
Worth discussing if the solicitor has acted in error and could also be held liable then - potentially more chance that their PI cover pays out than an individual still has cash over the small claims limit.
I used a company to recover £7500 successfully...
Key points... Follow the small claims stuff to the letter and make the claim in the court in the same country as the debtor..
When you win in court, it's not over yet, you have to get the cash which again, may need bailiffs to go and collect property, cash or set the debt against a building ...which all needs warrants ..
Company I used were Hilton-Baird. Very effective, good comes with me and got the job done.
Keep at them, it is possible but does take resolve..