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Advice Please - Solicitor wants more money!
Comments
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Sadly, if the money is owed, you have to pay it. You've had good advice here, offer to pay by instalments.
If it were the other way round, i.e. you'd paid them too much, and it took you a year or more to realise, you'd want them to repay you, wouldn't you?
At the end of the day, it's just a mistake.0 -
Now I have checked the maths and they are right, they did screw up however I paid everything they asked in good faith so I object to them now demanding more money. Secondly and slightly more importantly we don't have it.
You don't have £175?? Did no one ever point out to you that owning a house is expensive, so you should always have contingency funds to pay your mortgage should you lose your job, or pay for a boiler blowing up etc... I find it really hard to believe that a home owner would be so irresponsible not to have some back up money for such things.
If you honestly don't have a spare £175, I'd suggest taking a long hard look at your finances, and cut back on any non essential spending, to save up a reserve fund. There are hard times ahead...Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
poppysarah wrote: »They can't keep coming at you demanding money after sending you a final bill though.
They might physically be able to do it but if they take you to court the judge will want them to show that they have been competant in requesting money in an appropriately timely manner.
It is appalling that legal companies make threats like this - just because they know the law and can quickly get paperwork filled in.
As before, the OP should take proper legal advice about proceding in order to completely ensure that the debt is finalised once and for all.
I disagree with all 4 points made here. For example, the judge will only be interested in whether the costs were correctly incurred and whether this is within the 6 year limitation period. It's not appalling. The solicitors did the work, and they have every right to be paid for it. They made a mistake on the bill, and they should apologise for the mistake - perhaps making a small concession as an act of goodwill.
Above all, though, it is completely insane to suggest that the OP should take 'proper legal advice' on an amount of £175. That's like taking, umm, the largest hammer you can imagine to crack a small nut. 'I have checked the maths and they are right' = the key point. Simply getting the solicitors to confirm that this is in full and final settlement of all outstanding amounts is quite sufficient.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Sadly you have agreed that you owe the money so obviously any small claims court would do the same. As others have suggested, if you cant pay off this amount in one lump - offer a small amount per month. They will accept as it would cost a lot more for one of their guys to have to go to court over what is half an hours pay for them.0
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They will accept as it would cost a lot more for one of their guys to have to go to court over what is half an hours pay for them.
For a suburban solicitor, more like 90 minutes' charges, but don't bet on them being too lazy to collect it. They probably have plenty of time on their hands right now.No reliance should be placed on the above! Absolutely none, do you hear?0 -
I agree with the comments - what exactly is this extra charge/mis calculation for??? they have to tell you. If they cant - your on a winner, let it go to court the judge will laugh at them. Just did this with someone who claimed we owed them £1200 2 years after account closed but they could not say exactly what for (must have some muppets in their a/c's dept) case was thrown out.
You may be able to ask for a renumeration certificate (some call it taxation?)-from the Law Society (through your solicitor-they should tell you about this they are legally obliged to) this will check the solicitors charges are fair and resonable -there is usually a time limit (2 months I think) but as they have only just given you the second bill maybe that could be extended? good luck0 -
It was probably a fixed fee for a freehold purchase.
The OP will have received a statement on completion together will a bill. If they want to be awkward they can ask for copies.
It is not good advice to suggest fighting a county court case against a firm of solicitors over £175.00, especially when the freely admit they owe them part of the sum !!! They can do the paperwork for the summons in ten minutes and this case is straight forward.
Yes the solicitors made an error but they have corrected the error and are now asking to be paid.
The OP has , I think, been given notice to pay in the second letter. If they ignore it they will almost certainly be getting a County Court Summons through their letter box.0 -
It was probably a fixed fee for a freehold purchase.
The OP will have received a statement on completion together will a bill. If they want to be awkward they can ask for copies.
It is not good advice to suggest fighting a county court case against a firm of solicitors over £175.00, especially when the freely admit they owe them part of the sum !!! They can do the paperwork for the summons in ten minutes and this case is straight forward.
Yes the solicitors made an error but they have corrected the error and are now asking to be paid.
The OP has , I think, been given notice to pay in the second letter. If they ignore it they will almost certainly be getting a County Court Summons through their letter box.
really good point. getting a court judgement over this amount, potentially affecting your ability to get credit (which is already becoming more difficult, or at least expensive)
not worth the hassle.
The OP has already admitted owing the money. I would always look to question a bill irrespective of when it's issued, to justify the expense, but unfortunately here it's just not relevant.Remember the time he ate my goldfish? And you lied and said I never had goldfish. Then why did I have the bowl Bart? Why did I have the bowl?0 -
poppysarah wrote: »They can't keep coming at you demanding money after sending you a final bill though.
They can, if the "final bill" was incorrect due to a mistake.They might physically be able to do it but if they take you to court the judge will want them to show that they have been competant in requesting money in an appropriately timely manner.
The Judge will want evidence that the amount is "duly owed" i.e. a legitimate cost which was incurred by the customer.
The Judge will also look at the steps taken to recover the debt - and the solicitors have covered themselves there, by requesting the amount now, without going to straight to Court.
"Timely manner" doesn't enter into it, provided the debt was chased within six years of it being incurred.
Sorry
Warning ..... I'm a peri-menopausal axe-wielding maniac
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:rolleyes: Read back through what the OP has written - you'll see:scarleyfarley wrote: »I agree with the comments - what exactly is this extra charge/mis calculation for??? they have to tell you. If they cant - your on a winner, let it go to court the judge will laugh at them. ............
You may be able to ask for a renumeration certificate (some call it taxation?)-from the Law Society (through your solicitor-they should tell you about this they are legally obliged to) this will check the solicitors charges are fair and resonable -there is usually a time limit (2 months I think) but as they have only just given you the second bill maybe that could be extended? good luckNow I have checked the maths and they are right, they did screw up
On remuneration certs - many solicitors will have info about this on the back of their bills, some don't. If you *have* been informed then you get 1 month in which to apply - if they haven't informed you about the possibility of an RC you have 3 months toapply in writing, from the date of the bill. In the OPs' case they chose to ignore that second letter about the error in May.0
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