Debt to solicitor: can't pay it

[WelshCerys]

Having received some incredibly shoddy legal assistance a few years ago, finally had to negotiate with a senior partner (the lawyer, a legal exec, in question had left the firm) over the fee. He wanted at least £8,000 (a disgrace - that legal exec had led us astray, been uncommunicative and very poor at his job). I finally persuaded him to accept £3,500. It was that or go to court ( the firm had applied but the court, understandably, favoured a settlement) and who knows what would have happened there.

Small town, guess the judge knows the local solicitors.

Anyway, was highly pressured into signing an agreement, a schedule of payments. First, £1,000, is for Jan 1st - then similar instalments every 2 months until a final one of £500. DH's income has since then drastically reduced - we really only have my p-t earning and his additional job, also p-time earnings - by Jan 1st I will not have £1k.

Desperately worried about this going to court - and costs going up. Should I write, offering a much lower amount, renegotiating the schedule in effect. Or contact eg Christians against Poverty and ask them to negotiate? Do they deal with cases which could go to court, does anyone know? Thanks.

[LemonDifficult]

Write as soon as possible, and enclose a cheque for what you can afford. No one wants a fuss and if you can show you are doing what you can then most creditors will accept that, even if they aren't happy. What else can they do?

[Atwaroverscrabble]

I second what lemon says....

Years and years ago I was a legal cashier and looked after the practices debt collection, i always looked favourably on those who kept in contact, made offers to pay etc and was once told that as long as your payment proposal meant that the debt would be cleared through regular payments within 3 years then county court/small claims judges would be happy with that.

The first thing they could do is a county court/small claims case anyway and then you could negotiate with the court

If you have serious issues about the legal advice you were given etc contact the law society and ask them to look at it....

[WelshCerys]

Thanks for positive and helpful replies, folks. Paid £100.00 which has been banked - I attached a letter saying I couldn't afford more now but would continue to pay until the £3.5 k is paid off. Our earnings are low - we don't have permanent jobs (not for want of trying) but we keep on, with several jobs, working as much as possible but £1k by January was always totally unrealisitc.

Anyway, solicitor wrote back saying that partners were not excepting this - that if I don't pay the shortfall, £900.00 by next week, they are off to ask court to get bailiffs to come round.

Rang court who implied that bailiffs would have to be ordered by court and I could attend any such hearing (not sure that is correct?). Also suggested I filled in a form with my financial details (though it would also go to the solicitors) for court to perhaps vary the present consent order.

Also asked Christians Against Poverty to take over debt - that is I would pay them appropriate sums and they would do all liaison with solicitors who are very aggressive - I was quite shocked by their response especially as the 'debt' was negotiated on the basis that service had been so poor (the legal exec in question has left the firm).

However, any arrangements with court/CAP could take a while to set up and, in the meantime, the solicitors mean business. 900 next week and second payment of £1k two months later - we simply don't have that kind of money.

Should I also write to them or deal entirely with court and CAP? I'm tempted to go with CAP only but as there is a consent order feel that the solicitors would insist any variation is done through the court. I don't think they want it to go to court (the appalling service would be out there, then), hence, the threats about bailiffs via a 'warrant of execution'.

Very worried - thanks for all help.

[toddlerama]

CAP do really good stuff and I know a couple of people who have used their services successfully. That would prevent the firm from bullying you and reschedule the payments. However if you don't feel you should be paying at all, that's a separate issue. How bad was the advice? Was the employee made to leave as a result? Have you spoken to the law society? I think that having settled out of court, you might have missed your window for claiming that you shouldn't pay at all, but I can't remember. Long time since I did anything like this! Hope someone can give you an idea of the strength of your case here, but if not call the law society first thing monday.