Litigation
Litigation can involve anything where two or more people are in dispute (and very often it’s about money). At Askews, we can advise you about your rights and whether you are likely to achieve what you’re looking for. Whether through the Courts, in mediation or just through discussion and communications with others, we can help you to sort out your problems.
Consumer law
Faulty or defective goods? Unsatisfactory performance of a contract or the victim of shoddy workmanship? If this is the case then Askews can help.
As a consumer, you have statutory rights in relation to the goods and services you buy. These are rights laid down in law which says goods must be:
- As described
- Fit for their purpose, and
- Of satisfactory quality
And that services should be performed:
- Within a reasonable time (provided no specific time has been agreed)
- With reasonable care and skill, and
- For a reasonable price (if no charge has been agreed beforehand).
If you have purchased goods or services that don’t comply with one or more of these basic principles then you may be entitled to a legal remedy including a refund, repair, or compensation.
At Askews we can advise you of your legal rights, assess how likely you are to win any claim and where necessary liaise with the trader or service provider on your behalf.
Consumer Credit
If you’ve over-committed yourself with a purchase or service agreement, then you certainly won’t be alone! So, you may be asking, "Can I get out of this agreement?" At Askews, we can advise you on your rights to recite (get out of) an agreement, and what you may have to pay as a result.
We can also help you with any consumer related query for example:
- Second hand goods guarantees
- Mail order or catalogue transactions
Problems Paying Debts
Owing money is a fact of modern life and for the most part it’s not a problem. However, from time to time, debt can mount up and if you don’t do something about it, it can lead to serious problems perhaps even losing your home or car, or having a black mark against your credit rating for the future.
At Askews, we are experienced in helping clients to resolve problems with debts and loans of all types, for example:
- Rent or mortgage arrears
- Council Tax arrears
- Hire purchase agreements
- Gas, electricity and telephone bills
- Loans and credit cards
There are a number of ways we can help. Often, we’re able to negotiate to re-adjust the payments you make to something you can afford. We can liaise with your lenders on your behalf and give you the best chance of keeping hold of your assets. In all cases, we will make sure you only pay what you owe.
Debt recovery problems
Unpaid debts can be a major strain on your business’s cash flow and may significantly erode your profits.
We can advise you on the best ways to avoid bad debts and, if the worst happens, support you in recovering the money due to you through litigation.
Landlord and Tenant Problems
Whether you are a landlord or a tenant, we can advise you on your rights in the event of a dispute with your lease or tenancy agreement and support you in taking appropriate legal action to resolve the dispute and recover any money you’re owed.
As with most things, prevention is better than cure! Our property department specialises in drafting residential and commercial leases - so seek our advice before you sign on the dotted line to make sure that your rights are properly protected.
What Will It Cost?
You may be financially eligible to receive Public Funding (formerly ‘Legal Aid’). At Askews, we hold a Public Funding Franchise for this type of work, so we can help you with the forms and in obtaining any funding that you’re entitled to.
If you need to personally pay for some or all of your legal fees, you can talk to us about arranging a sensible payment plan that you can afford. With Askews, you’ll have a number of options for example: credit card, standing order or credit agreement.
Generally, you can’t get full government funding (what used to be called ‘Legal Aid’) to pay for your solicitor to help with a general litigation action - although you may be eligible for some limited free advice under the Community Legal Services Legal Help Scheme.
It’s also worth checking whether you (your spouse or member of your family living at the same address) have Legal Expenses Insurance included with a Motor or Household Insurance Policy, which you may be able to use to pay for your legal action. If you have appropriate insurance, then Askews can use it to deal with your claim at no cost to you. Remember, as the policy-holder YOU have the right choose your own solicitor (although your insurers may want you to use theirs). We can speak directly to your insurance company to sort this out for you.
Regardless of how you are paying, we will be open and up front about how much things are likely to cost. We’ll give you an initial estimate of costs and will tell you straight away if anything happens to change this estimate. We will always check with you before taking any specific action (such as going to Court) which could significantly affect the amount you may need to pay.
Why Should I Choose Askews?
We make sure that our General Litigation team has the expertise and experience that you need, and then continue to invest in their training and development to make sure that the advice you receive is always be up-to-date.
We will work hard to resolve your problems as quickly and easily as possible, but rest assured that if you do need to go to court to achieve your aims, you will be advised by experienced Court advocates.
We are the only solicitors on Teesside to have been awarded a Franchise in Debt by the Legal Services Commission and to hold a contract with them to supply advice to the community. Where financially eligible the advice we give you is free of charge under the Legal Services Commission Legal Help Scheme.
We know that many people’s experience of dealing with solicitors is one of frustration, lack of communication and worry. However, at Askews, we are committed to delivering a personal, friendly service to all our clients and we will keep you regularly informed about what’s going on.
For more information or to speak to someone please contact us or use our enquiry form.
Partners:
D.F. Askew, D. Clements, M.D.J. Robinson, C.J. Buckland, S.H. Askew, K. Doran
