Being Sued for Misinterpretation, should we talk to a Barrister?

LEELEE

Hi ,

Very new on here but looking for advice :

I recently moved out of a flat with a shared garden (Sold this property) this year and moved onto a house .

4 months later i recieve a letter from the person who bought my flat solicitors.
Initially it stated that we misold this flat and hadnt given enough infomation on the HIPS. Her solicitors are a no WIN no Fee outfit .

We had ticked the box's for YES & NO and stated there were communications with a certain neighbour of ours which we had the odd dispute concerning the shared (Communal garden) . As far as we were concerned the matter had gone away .

Anyway the buyer had moved in and within 6 weeks she had an argument with our old neighbour about the shared garden, now the buyer is suing us for miss selling the flat??

The buyer initailly tried to blame the Estate agent but he told the buyer where to go. We know from conversations with him that the buyer was very very pushy and a difficult customer to deal with.

Its gone as far as offering some monies as a Without Prejudice offer just to solve this matter but the buyer wants a lot more than we can offer .

Any advise would be beneficial on this and if anyone else has been contacted by solictors about neighbours after moving??

Also our Solicitors have recently give us a bill for quite alot of monies die to fighting this issue: Below are some prices of their services , are these the average or are these over inflated ??

Price to write a letter £23
price to recieve a letter £23
price for a phone call £23

Price for looking at out docmentation £208 per hour !!

Please help , have lots more details if needed but we are not sure what to do ? Should we speak to a BARRISTER?

Thanks

New person on here

C_Mababejive

My advice would be to do nothing.

If they feel they have a case that is winnable,let them bring it to court.

Do not respond any further to their letters or calls.

tifo

LEELEE wrote: »

Price for looking at out docmentation £208 per hour !!

That seems quiet high and reflects the 'principle' rate, i.e. the partners' rates. Often the work is done by legal clerks or even if a solicitor, you need to ask who and what grade they are at with the firm. Senior partners never do any of the 'routine' work and conveyancing especially is done by juniors (because its not difficult).

The prices for writing a letter is average though i suspect the receiving price includes 'peruse', i.e. to read the letter. But does it really take them an hour to read a letter? The charge for telephone calls should be split into 10 minute slots at the hourly rate.

thorsoak

The Taxing Office allows 6 mins for the perusing of a 1 page letter!

tifo

C_Mababejive wrote: »

If they feel they have a case that is winnable,let them bring it to court.

That's right. It's easier to defend that claim. The onus is on them to first try and prove their case and for you to then argue against it.

Also, make sure their solicitors don't add any extortionate charges.

And make sure any settlement is signed and witnessed by your solicitor.

dunstonh

I think ignoring it initially is the best option. The no win, no fee solicitors are on their way out. Their model is to attempt to get people and businesses to cave in to avoid going to court. This is why you get so many claims being made and why the Govt is abolishing no win no fee.

This looks like an attempt to scare you into paying. I would ignore it. They will probably send more letters with threats of court but will never proceed with court action as the odds are in your favour. In the unlikely situation they do proceed to court, that is the point you then seek legal advice.

tifo

dunstonh wrote: »

This is why you get so many claims being made and why the Govt is abolishing no win no fee.

It is looking to ban TV adverts only yet, not the whole CFA structure, for which it is looking to have standard set fees for any claim. This is going to heavily affect the personal injury market, one of the main users of no win no fee agreement.

LEELEE

We will follow some of your advise , thanks alot guys !!

Tiddlywinks

LEELEE wrote: »

Hi ,

Its gone as far as offering some monies as a Without Prejudice offer just to solve this matter but the buyer wants a lot more than we can offer .

Did your solicitor advise that you make this 'without prejudice' offer? Why, if there is no hint of mis-description and you declared all conflict with your neighbour, would this be appropriate?