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When is a Solicitor not a Solicitor?

A general discussion about community fees and legal issues.

Important update on Kettlewell Solutions Limited's liquidation / Letter from Robson Scott
Wednesday, September 25, 2013

We have been inundated with enquiries from communities and administrators who have received an undated letter from Robson Scott sent on behalf of Michael Reeves, the liquidator appointed by Stephen Paul Kettlewell and Kettlewell Solutions Ltd ("KSL").

As you will recall from our previous reports Mr. Kettlewell refused to allow the vast majority of communities' claims which meant that they were not allowed to vote for their own chosen liquidator.

Instead Mr Reeves, Mr Kettlewell's choice of liquidator was appointed.

Mr Kettlewell's chosen liquidator's letter, sent on behalf of Mr Reeves states as follows:-

"I write to advise you on Wednesday, 11 September 2013, [that Kettlewell Solutions Ltd] was placed into liquidation, with Michael Reeves of this firm appointed as liquidator.

Please note that your contract with [KSL] remains in force, and it is our intention to appoint a specialist firm to continue with collecting debts on your behalf under the terms of contract you have previously agreed.

Should you wish to terminate the contract you are likely to be liable to pay an abortive charge to the Company as set out in the terms and conditions on the Company's website, along with any other fees that may have accrued.

We are in the process of reconciling the position on each account, and are aiming to revert to you within the next 21 days with an update statement of account."

We make the following observations about this letter:-

1. Many of the communities for whom we now act, never signed any terms of business with KSL.

2. KSL did publish a set of terms of business on their website but it is difficult to see how these were agreed to by the community. We have asked Mr Reeves to explain this to us, but to date no explanation has been forthcoming.

3. KSL nor its directors were practising solicitors and they did not hold a valid practising certificate as issued by the Solicitors Regulation Authority and they were not in our view therefore permitted in law to issue legal proceedings in a court of law. Any contract that existed between KSL and a community offering to issue court proceedings was accordingly in our view void for illegality.

We say this especially as only a solicitor with a practising certificate, who has entered into a Damages-Based Agreement (post 1 April 2013) can charge a percentage fee of the debt. The director, Mr Kettlewell, informed us at the meeting of creditors on 11thSeptember 2013 that this was part of KSL's fee structure, even though the terms of business that we have seen do not reflect the latter.

4. In relation to Mr Reeves suggestion that the community will be liable to pay "an abortive charge to the Company" is in our view wrong. This would be tantamount to a penalty clause and such clauses are unlikely to be upheld by a court under English law.

Appealing the Liquidation

We have been approached by communities who are interested in contributing to a fund to pay for barristers and solicitors fees, so that the matter can be fully investigated with a view to investigating the outcome of the creditor's meeting.

Our recommendation is that you contact Charlie Noakes of this office today with the names of the debtors whom KSL was pursuing on your behalf.

If you would like to talk to us about funding an investigation into the outcome of the meeting of creditors, please contact our Will Searle.

Welbeck Law LLP is a firm of Solicitors authorised and regulated by the Solicitors Regulation Authority.



Like 0        Published at 4:50 PM   Comments (0)


Jeremy Boyle invited to speak on Community Debts to the Urbytus President's Club
Thursday, September 5, 2013

Dear All,

I'm delighted to announce that I have been asked by Urbytus to speak at the Presidents Club on the 16th and 17th of September 2013.

The talk will concentrate mostly on the burning topic of unpaid community fees, and I hope to give some free practical advice as to what steps can be taken to keep the debts under control.

Any presidents or committee members wishing to attend should log onto www.urbytus.es and download the registration form.

Yours sincerely,

Jeremy Boyle.

Solicitor and Partner at Welbeck Law LLP



Like 0        Published at 8:58 PM   Comments (0)


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