loancheck/solicitors claiming ppi

fedupwiththeworry

Yes it was DH who wanted the meeting that I couldn't attend which is why they dropped the case under the CFA. Pretty sure I too had to fill in a 5 page form some time back.

maxdp

Oh well I shall wait to be asked to come into the office for a meeting I shall enjoy that.

Fedupwiththeworry had yours gone to barrister. Sorry if you have mentioned it before.

fedupwiththeworry

maxdp wrote: »

Oh well I shall wait to be asked to come into the office for a meeting I shall enjoy that.

Fedupwiththeworry had yours gone to barrister. Sorry if you have mentioned it before.

It had gone to Counsel and the CFA signed, however when requesting the meeting they also stated they might want to change as they weren't happy with him, (so a new CFA I assume) but that would be decided after the meeting. The meeting I couldn't get to unfortunately.

lesley65

THOMAS123 wrote: »

Lesley

You write to your solicitor with a formal complaint and say that unless you hear within 7 days you will pass your complaint to the Law Society.

Peter is not the client and therefor has no legal right to be taken seriously.

I am pretty sure that the fees are totally unjustified and you should not have to pay anyone for negligent advice (see Wolstenholmes on this forum to find out what happens to negligent solicitors).

If enough people complain it affects the solicitors professional indemnity insurance premium i.e.it goes up a lot and may even make the solicitor un-insurable.

Without this they cannot practice

Hi thomas

since posting that thread about asking for peters help i have put a few updates on this thread, i have been in touch with my solicitor and have posted the updates, i would not be asking for his help anymore!!!!!!!!

as i have already stated i feel like i can't complain as although i will have to pay back all of the audit fees i should hopefully gain some money, not alot and certainly not the amount if i had done this myself, but the small amount i will gain, fingers crossed, will help out my family, i don't want to rock the boat and after all this time come out of this with nothing at all.

lesley x

petermb_2

lesley65 wrote: »

Hi thomas

since posting that thread about asking for peters help i have put a few updates on this thread, i have been in touch with my solicitor and have posted the updates, i would not be asking for his help anymore!!!!!!!!

as i have already stated i feel like i can't complain as although i will have to pay back all of the audit fees i should hopefully gain some money, not alot and certainly not the amount if i had done this myself, but the small amount i will gain, fingers crossed, will help out my family, i don't want to rock the boat and after all this time come out of this with nothing at all.

lesley x

Lesley,

I am awaiting a response from Guy, our solicitor who should advise if whether there is something you can do re this fee. I will come back to you asap.
I did ask you if you had a copy of the CFA agreement and Terms of Business

lesley65

lesley65 wrote: »

hi all

well it looks like i'm well and truly stuffed, have just been reading through the terms of the solicitors letter and it states

"the audit reports will enable my firm to assess the merits of your claim. loancheck require you to pay a fee of £3600.00 for this audit service. my firm will pay the audit fee on your behalf. loancheck will only be appointed to provide the audit reports on your claim once you have signed this letter and any conditional fee agreement with my firm. you are liable to reimburse my firm for the full amount of the audit fee, irrespective of whether you are able to recover the audit fee from the defendant if your claim is succesful or from the insurer, if your claim does not succeed."


my solicitor states in his most recent letter

"ideally your claim needs to be in excess of £5000.00 so that you can bring a claim in the county court fast track scheme. this would entitle you, if successful, to recover all your costs. if the claim is valued at less than £5000.00, then it would be allocated to the small claims track and usually you would not be entitled to recover your legal costs. this does then expose you to winning the case but not recovering your costs and disbursements. any monies that you recover would then effectively be wiped out as you would be liable to repay us the loancheck audit fee as mentioned and in addition we would be entitled to claim from you our reasonable costs"


i could kick myself i feel like i have been taken for a right idiot, i can't i would have gone ahead with all this if i had known that i might have to end up paying anything like what they are asking me to pay but do you know what its been that long since i started all this that i don't quite know anymore. my mother was with me when the gentleman came out for me to sign all the paperwork and she says she can't ever recall them stating anything like that, as far as i was aware i was told it would all be done and dusted within a 9 month period and all costs would be claimed back either via the defendants or through focus insurance.

god what a fool i've been!!!!!!!!!:mad:


lesley x

i have just been reading through my latest letter again from the solicitor and theres a couple of paragraphs that have alarm bells ringing.
he states

"one down side for you is that barclays bank will not advance any further monies on your cases to cover future costs such as court fees upon issue. in all of the circumstances it is our intention to fund those ourselves for you"

does this mean i will end up being liable for those cases also!!!!!

he goes on to say
"the reason i am explaining this in detail is because it is in your interest to allow me to continue to conclude your cases in the best way possible because, as i stated at the outset of this letter, ultimately there is an obligation upon you to repay the audit fee and i am obviously seeking to avoid placing you in a position where you are asked to do that"

he has already stated that i am liable to do that as the cliam is now under £5000.00 and if i pull out all together i am liable to pay all of his costs.

"in addition of course i do not wish to be deprived of my own costs in this matter whilst i continue to believe that your case is a case that can be successfully concluded"

in one of the earlier letters from the solicitor he stated that the loancheck audit fee is £3600 and now he's stating that i owe him £2385.25. if loancheck has gone into liquidation would they still get this payment. i don't know if he will be keeping this himself to try and claw back some of the money that he has laready spent out.

i really don't know what to do anymore, what started out 2 and a half years ago as hoping to get a bit of money has now turned into a complete nightmare that i am now worried will end up costing me more money.


hi peter
please see above a couple of earlier posts
i know you asked if you could see a copy of what i had signed but don't really see that it would make a difference, if i've signed for something, re being liable to pay back the audit fee win or lose then i've signed for it, end of.

you say that your solicitor can have a look through my paperwork, but you stated this back in the beginning of february, that he was completing all cases in 12-16 weeks with no fees levied to me whatsoever and that you'd get this sorted by the end of november.

i was told by the gentleman that came out to go through the paperwork not to worry no fees would be levied to me whatsoever.

i was told by my solicitor not to worry that usually all fees are levied to the lender.

is it any surprise that i do not trust or believe anyone anymore and i might as well stay with my solicitor to try and salvage at least a small amount of what i originally thought i was going to get as if i try and pull out of this agreement i am liable for all of his fees to date. even if i could now get out of this agreement i couldn't claim as it is now way past the 6 year period.

what a complete and utter balls up start to finish (and its not even finished yet so god knows what else there is to crop up, i dread to think)


lesley

petermb_2

lesley65 wrote: »

i have just been reading through my latest letter again from the solicitor and theres a couple of paragraphs that have alarm bells ringing.
he states

"one down side for you is that barclays bank will not advance any further monies on your cases to cover future costs such as court fees upon issue. in all of the circumstances it is our intention to fund those ourselves for you"

does this mean i will end up being liable for those cases also!!!!!

he goes on to say
"the reason i am explaining this in detail is because it is in your interest to allow me to continue to conclude your cases in the best way possible because, as i stated at the outset of this letter, ultimately there is an obligation upon you to repay the audit fee and i am obviously seeking to avoid placing you in a position where you are asked to do that"

he has already stated that i am liable to do that as the cliam is now under £5000.00 and if i pull out all together i am liable to pay all of his costs.

"in addition of course i do not wish to be deprived of my own costs in this matter whilst i continue to believe that your case is a case that can be successfully concluded"

in one of the earlier letters from the solicitor he stated that the loancheck audit fee is £3600 and now he's stating that i owe him £2385.25. if loancheck has gone into liquidation would they still get this payment. i don't know if he will be keeping this himself to try and claw back some of the money that he has laready spent out.

i really don't know what to do anymore, what started out 2 and a half years ago as hoping to get a bit of money has now turned into a complete nightmare that i am now worried will end up costing me more money.


hi peter
please see above a couple of earlier posts
i know you asked if you could see a copy of what i had signed but don't really see that it would make a difference, if i've signed for something, re being liable to pay back the audit fee win or lose then i've signed for it, end of.

you say that your solicitor can have a look through my paperwork, but you stated this back in the beginning of february, that he was completing all cases in 12-16 weeks with no fees levied to me whatsoever and that you'd get this sorted by the end of november.

i was told by the gentleman that came out to go through the paperwork not to worry no fees would be levied to me whatsoever.

i was told by my solicitor not to worry that usually all fees are levied to the lender.

is it any surprise that i do not trust or believe anyone anymore and i might as well stay with my solicitor to try and salvage at least a small amount of what i originally thought i was going to get as if i try and pull out of this agreement i am liable for all of his fees to date. even if i could now get out of this agreement i couldn't claim as it is now way past the 6 year period.

what a complete and utter balls up start to finish (and its not even finished yet so god knows what else there is to crop up, i dread to think)


lesley

hi Lesley,
I understand your frustration and appreciate your concerns. I do wish to help you and certainly do not see why you should pay a fee that you need not pay.

I discussed your case with our solicitor who basically thought that your solicitor's claim was unjust and that if the case no longer fitted the criterea that Loancheck outlined at the outset then he should be claiming his money back from the After the Event Insurance. However he would have to read the documentation to ensure what he advised was correct.

He is prepared to give this advice without charge if that helps.

Also if the outcome that you now face was not explained at the time of signing the agreement then it will be difficult for solicitor to justify charging you the fee. You should also be entitled to seek a judgement to ascertain the legal stance on the fee. The court may lower the fee or even dismiss it.

That is all I can do for you because you have entered into a legally binding agreement with the solicitor. The fact that you are 2 and a half years down the road should have a bearing on the decisions made.

marshallka

petermb wrote: »

hi Lesley,
I understand your frustration and appreciate your concerns. I do wish to help you and certainly do not see why you should pay a fee that you need not pay.

I discussed your case with our solicitor who basically thought that your solicitor's claim was unjust and that if the case no longer fitted the criterea that Loancheck outlined at the outset then he should be claiming his money back from the After the Event Insurance. However he would have to read the documentation to ensure what he advised was correct.

He is prepared to give this advice without charge if that helps.

Also if the outcome that you now face was not explained at the time of signing the agreement then it will be difficult for solicitor to justify charging you the fee. You should also be entitled to seek a judgement to ascertain the legal stance on the fee. The court may lower the fee or even dismiss it.

That is all I can do for you because you have entered into a legally binding agreement with the solicitor. The fact that you are 2 and a half years down the road should have a bearing on the decisions made.

But has this "fee" thing to the solicitor ONLY come about cause of Severn (or whoever and co) going bump. Shouldn't they originally have claimed it back from somewhere?

marshallka

lesley, don't know if this may help you (or others too!!!)

http://www.legalcomplaints.org.uk/guidance-on-compensation/distress-and-inconvenience.page#whatis

http://www.legalcomplaints.org.uk/guidance-on-compensation.page

petermb_2

marshallka wrote: »

But has this "fee" thing to the solicitor ONLY come about cause of Severn (or whoever and co) going bump. Shouldn't they originally have claimed it back from somewhere?

Quite

Four senarios

One) Lender settles. Solicitor wins his costs. (client celebrates)
two) Case goes to court and fails. Solicitor claims the costs from the After the Event Insurance. (client not out of pocket)
three) case does not start (It appears the majority of claims. Solicitors simply have not run them for whatever reason), Solicitor Claims back the fees that have been paid by the funder from Loancheck/Severn. (client not out of pocket)
four) No Severn/Loancheck to repay the money.

That is how the service was set up and supposedly backed by some £56million of funding by a subsidiary of one of the big four banks. That is the figure I was assured was in place.