Adviced needed ASAP!

[onedaymyfrie]

A relative of mine was working for an Estate Agent, who was was selling a property for a doctor (not that it makes any difference, what occupation their in). Contracts were exchanged with a wait of 3 months for completion. Soon after the exchange, the Estate Agent (who was a Sole trader), was in financial difficulties. They therefore sold the remaining ongoing files (the doctors included) to one of his employees (my relative) by Deed of Assignment, this was to make sure that all ongoing property files were looked after to a the completion dates. The doctor was notified as soon as the deed was signed over, he did not dispute this. My relatives company then became Limited about a week later, still using the same name. A deed of assignment was drawn up again - from his sole trader company to the Limited company.

As my relative saw the house sale through to completion, should they pay?? The doctor was given an invoice for the sale of the property by his conveyancer & said he would pay my relative himself. He was given this invoice in October 2007.

The Doctor has his brother (who is a employment Solicitor) acting on his behalf, to dispute this claim. He has sent letters claiming that my relatives claim is totally fictitious, yet the brother was a 2nd contact on the property file & my relative has spoken to him many times before. The brother even said to my relative, "if my brother (the doctor), can get away with not paying you he will". It all seems a little underhand.

I've been told that the fee can be assigned ,but the service cannot. It's the fee that my relative is requesting. All the other 10 clients have paid up, so why isn't he??

We are thinking of taking the doctor to court, but his brother claims that if they win we will be charged thousands of �'s for waisting the courts time.

Any advice on this would be so much appreciated,

Many thanks & I look forward to

[eastern]

GET A GOOD SOLICITOR! You can't get charged for wasting a courts time solicitors do that for you!! I think the good doctor is just looking at a way of getting out of paying his bill. Quite honestly I don't know the full details but I think it could cost you thousands to try and recover the debt, when I was in business I usually gave up trying to collect small claims through the courts and collected them by other means, usually by embarassing people into paying or just being a real pain in their a**. As iwth all things in law unless someone puts their hands up and says guilty, you have to fight it. Good luck