Challenging an Unreasonable Request for Disclosure

Apr 2, 2013

Challenging a Firm of Solicitors
Our client won the case and was awarded six figures sum. Our client appointed Legal Comfort Solicitors to recover the judgement debt.

We obtained a final charging order on the debtor’s property to secure the debt. So the debtor cannot sell the property unless he pays the debt.

We then insisted to obtained an order for sale of the debtor’s property.

The judgement debtor appointed a conveyancing solicitor who negotiated and agreed to pay the judgement debt, interest and legal costs.

However, after perusing the overall figures the judgement debtor took the summersault and decided to appoint a firm of solicitors to challenge the validity of debt.

We warned the firm of solicitors about the consequences of increasing costs.

This litigation firm of solicitors started making unreasonable demand to disclose the documents that was not in our client’s possession.

On the other hand they made no solid effort to obtain those documents from the court. At the hearing, District Judge proved to them the documents were in fact in the court’s file and they should not have chased the judgement creditor.

District Judge awarded costs against the judgement debtor for unreasonably initiating a misconceived application and unreasonably demanding the disclosure of documents.

District Judge also explained to them that the judgement creditor or Legal Comfort Solicitors are under no legal obligation to disclose such documents.

It also became apparent during the hearing that the judgement debtor has no legal basis to challenge the validity of the debt. The only option available to the judgement debtor now is to pay the debt, interest and costs.

This debt that was outstanding over a decade and in Legal Comfort Solicitors we believe in total defeat.

If you would like our assistance in relation to debt recovery then kindly contact us to discuss your objectives.

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