Legal rip off

mrs_pickle_2

can you name and shame them on this?

i would contact your insurer and ask if the solicitors are allowed to ask your daughter for the shortfall, they're usually not.

Debt_Free_Chick

nightowl22 wrote: »

I wanted to end the matter to save my daughter any further stress so I paid the solicitors about 70% of what they were claiming and said I was paying this in full and final settlement of any and all claims against her. They banked my cheque and have now issued proceedings against my daughter for the balance.

You cannot pay part of any debt and claim it is in "full and final settlement" - the creditor has to agree to accept it as an F&FS. Otherwise - and this is what they've done - it's just treated as a payment on account, with the balance remaining as outstanding.

In order to get a part-payment accepted as an F&FS, the creditor has to agree.

Your mistake was to send the payment as an F&FS. What you should have done is to make the offer, get them to accept and then pay what has been agreed.

Sorry

Tozer

I'm confused why your insurers paid some and they came after you for the balance.

What does their letter of engagement (issued at the start of dealings) say about whose liability it is to pay?

nightowl22

Tozer wrote: »

I'm confused why your insurers paid some and they came after you for the balance.

What does their letter of engagement (issued at the start of dealings) say about whose liability it is to pay?

The insurance company imposed a limit on the amount they would pay. We did not use their panel solicitors as we had instructed the solicitors before the insurance cover was in place.

Tozer

nightowl22 wrote: »

The insurance company imposed a limit on the amount they would pay. We did not use their panel solicitors as we had instructed the solicitors before the insurance cover was in place.

OK, Seems extortionate to me. Is it a big firm?

nightowl22

No, not a big firm and not in a big city. If it had been a major city firm I would have expected the charges to be eye watering, but this firm is nowhere near that league. The quote seemed to fit early on then the bill at the end came as a complete shock and nothing new came to light in the meantime that would change the amount of work expected. Can a county court take into account the reasonableness or otherwise of the bill or is it just a case of that's our bill, pay up?

Tozer

They won't take into account the reasonableness on its own. However, you need to say that it was not contracted for because they did not keep you informed as to costs (one of the key points for solicitors to follow) and that they did not act in your best interests by incurring disproportionate fees.

If you want to claim the money back that you have paid (which I think will be difficult) you will need to make a counterclaim.

Suggest you initially claim a defence of set off that the charges were not due on the basis outlined above.