No win, No fee, how to s.70 of S.A. 1974?

PaulDoncaster

Long story short, I went on holiday with my girlfriend and was sick from the 4th of 14th day in till I got home. We were upset that a holiday of a lifetime had been wasted with sickness and diarrhoea.
So we phoned a no win no fee company (first mistake), and set the ball rolling with a holiday sickness claim. This should have taken 6-12 months, fast forward 18 months and still no closer. Late last year I lost both my grandparents in close succession, and just after when I was in a state of grief the law firm that is handling my case phoned me to see when I could attend court to present my case, I said due to my current mental health I would struggle to commit to a date but still want to continue once I was in a better metal health sate.
They cancelled the case and have now billed me and my girlfriend. What I want to know is how to enact article 70 of the Solicitors Act as I want to contest the bill they have presented me with. They are running down the time and not answering any of our questions. Please help MSE!

Warwick_Hunt

Oh deer, so you had a bit of an upset stomach and you decided to sue.

You instructed the solicitor, why do you think you shouldn!!!8217;t pay?

ssparks2003

On what grounds do you think that they should not bill you for work that they have completed? you have failed to fulfil your side of the bargain so they have to claim their costs from somewhere.

ThumbRemote

Regarding the solicitors, you can't on the one hand complain that they were slow, but on the other hand delay it yourself when they do act.

What does your contract with the solicitors say? If you think that you are in the right and don't owe them anything, couldn't you just not pay and contest the bill if they try to take it to court?

I have no idea on section 70 of the Solicitors Act, and suspect that you may need better legal advice than you would get for free on an internet forum.

powerful_Rogue

I'd find a no win no fee solicitor and speak with them.

steampowered

The first thing you need to do is to read the engagement letter/NWNF agreement you received from your solicitor. This will explain when the solicitor is entitled to bill you. What does it say about this kind of situation?

I do not think a s70 assessment is the appropriate course of action. Engaging s70 starts a highly formal process under which a judge would assess whether the solicitor's bill is fair and reasonable in court applying strict legal principles.

s70 is not a consumer friendly process. You would have to attend a formal court hearing and present legal arguments. You would have to prepare formal legal documentation ahead of the hearing. You would also be liable to pay the solicitor further legal costs for their time at court dealing with the assessment if it doesn't well.

I suggest going down the Legal Ombudsman route instead.

The first thing you need to do is to challenge your bill by complaining to your solicitor in writing or in an email. Politely explain that you are surprised to have received a bill as they were instructed on a NWNF fee basis, and ask them to explain why they are billing you. Do this ASAP.

Once you have received the solicitor's response you can then escalate the issue to the Legal Ombudsman if necessary.

bris

Oh the new holiday sickness scam, lots of people been charged with fraud for that one. Is that why you didn't attend court for your pay day? It was obviously being defended and perjury is a serious offence.