Extra charges from solicitor - is this legal?

Tassotti

Had all sorts of balance issues with solicitors in my time. Usually their error. Eventually found one now who maybe passed their maths exam!!!

Rediculous..You put your faith in these people for the biggest purchase/sale of your life and they cannot even work out the figures.

Apologies to any solicitors on here who can add up and take away!!!!

Incisor

cab_bristol wrote: »

... Now, 8 months later, the solicitor has written to me to say that following an audit of their files, they have discovered that some search fees were not included in their invoice, so they should have charged me £155 more, so can I please send them a cheque for £155! Eight months after completion!!!

I want to write to them to say that in my opinion, the amounts charged and paid at the time of completion were in full and final settlement, and it is not fair, reasonable or proper for them to ask me for this extra money now, especially as it's so long after the transaction completed. But what grounds do I really have to argue with them against this extra payment?

I would have a little think, but I might offer them 50% on the basis that you don't really think it was due, but are willing to split the difference with them rather than go through a process of evaluating their claim. ut if they didn't go through with this, I would then demand every receipt and clarification of the need for every item. May be.

tbs624

Debt_Free_Chick wrote: »

..Search fees are charged by the local authority. Your solicitor "lends" you the money by paying the fee and then you repay the solicitor...

As another poster has said, most solicitors ask for an amount to cover such disbursements “up front”

Debt_Free_Chick wrote: »

For this reason, the "full & final settlement" argument might not work. You have settled the solicitor's fees in full, but the search fee is the Local Authority's fee.

All moneys are passed through the solicitor’s office - the client is clearly not paying the LA direct. Where the solicitor undertakes these financial transactions on behalf of the client s/he is obliged to account fully and properly to the client for all relevant income and expenditure.

The key thing is that under SARs there is - or should be- an efficient system of checks and balances. Any legal cashier or legal practice manager worth their salary should be able to pick up on “unaccounted for” disbursements pretty quickly, especially with a computerised system. There is no excuse for such errors taking this long to come to light: IMO it’s either sloppy data entry or inadequate book-keeping procedures or a combination of the two.
Anyone who has difficulty with solicitors & these sorts of issues should always deal with either the Managing Partner or the Practice Manager & complain loudly, to the Law Society where necessary.

Debt_Free_Chick wrote: »

Secondly, it could be argued that you could see that this search fee had been omitted from the final statement (assuming the disbursements were itemised) ....

Yes, the OP should possibly have noticed at the time but it is recognised that house moves are stressful events and full & accurate accounting for transaction monies is after all part of the "professional" service for which you, as the client, are paying.