Could someone please help me

Ell2577

Hi

Sorry I’m not really sure if this is the right place to post this but need some advice / help from others that may have experienced the same thing. Here goes....

Basically my father has received a letter fromHeptonstalls Solicitors today stating he owes them £6k for medical injury hearing loss case he started with them. This just have been around 2.5 / 3 years ago.

Apparently they are stating that as he had already tried claiming with another company that he was fundamentally dishonest with them (it must have been part of a form that was a tick option) so they are charging for services. It a no win no fee type thing from what he can remember. They got in touch with him to say they could help him. He had one hearing test where he had to go to a local hotel and there were many people there doing the same. He actually can’t remember the appointment at all. He suffered a cardiac arrest in 2014 and can’t remember some instances that have happened.

I’ve read reviews about the company and it appears they have done this to others too. It was such a long time ago it’s hard to remember. I know he will have to seek legal advice but as it’s a weekend I wondered if anyone had any experience or advice. It’s scaring him to death and I’m worried he will fall into a depression .

Thank you in advance.

sourcrates

Hi,


You are correct, you do need legal advice on this, preferably from an expert in that particular field, as it would all depend on what was written in any contract/paperwork he signed.

Try and get him to relax, worst possible case scenario, even if this goes to court and he loses, he would not be expected to pay this in one lump sum, the court would set an affordable monthly payment, which he could also challenge and change if it was too high, so wear as its a regrettable situation, try not to get too stressed over it.

It could be they are just trying it on, hoping for a payday, I am not an expert so cannot say for sure, but until they start a court claim, its just another letter.

Ell2577

Thank you for taking the time to reply to me.

It’s so worrying when it’s a solicitors letter. I feel sick for him. I tried contacting Age Concern today and they gave me a few numbers to try. The sickening thing is he hasn’t had any correspondence from them for years and the claim wouldn’t have been for as much as they are stating he owes them.

I’m sure they cold called him so wondering where they got his details from? Could it have been the other company he apparently tried with. Sorry to bang on about. I am so upset for him.

sourcrates

Ell2577 wrote: »

Thank you for taking the time to reply to me.

It’s so worrying when it’s a solicitors letter. I feel sick for him. I tried contacting Age Concern today and they gave me a few numbers to try. The sickening thing is he hasn’t had any correspondence from them for years and the claim wouldn’t have been for as much as they are stating he owes them.

I’m sure they cold called him so wondering where they got his details from? Could it have been the other company he apparently tried with. Sorry to bang on about. I am so upset for him.

Solicitors letters are designed to have that kind of effect, that's why they send them, its just a letter, they have the same recourse to legal action as anyone else does, it would help to have a copy of the document he signed, if you don`t have a copy, request one from the company concerned, sounds like sour grapes on there part to me.


If he genuinely owes the money, another alternative is to come to some kind of payment arrangement with them, obviously i don`t know your dads financial situation, but would a payment plan be a possibility ?

CakeCrusader

Did your dad ever receive a client care pack from the firm? It should have laid down any charges, and who your dad should speak to if he has a complaint? Have they sent your dad a breakdown of these costs? It won't just be for the hearing test, it'll be for any letters and hours spent looking into this, but even so, the amount has to be reasonable.



The first step is to complain to the firm I'm afraid. If they do nothing, which is likely, the next step is the Legal Ombudsman; https://www.legalombudsman.org.uk/


I've got to run so I'm sorry that this is brief!

Ell2577

Thank you both for coming back to me.

I honestly don’t know if he received a pack. I’ve managed to do some digging and the original appointment where he attended the local hotel was summer 2015. It is that long ago anything he would have had is long gone. He can’t even remember the appointment. The only reason I know is that I had to go with him as he wasn’t confident driving there .

It just doesn’t seem right that they can send a letter and bill after all this time. Apparently the charge is for work carries out to date, the hearing test and obtaining a medical report.

I’m so anxious about it and so is he .

Thank you again

CakeCrusader

It's OK to be anxious, 6k is a lot of money to find, especially when you weren't expecting it.



This may help; https://www.lawsociety.org.uk/for-the-public/paying-for-legal-services/ They should have sent your dad an itemised bill showing a full breakdown of the costs. If they haven't sent this you can ask and they have to send one within three months. I'd send them a letter asking for a fully itemised bill and go from there (what sort of work have they done, exactly?). Your dad is well within his rights to ask for a copy of his client file (you could do a Freedom of Information request for this if they say 'no', they shouldn't do though), this way you can see exactly what work has been carried out. You can ask the courts to look at the bill if you believe that it's far too much for the service that your dad received.


Unfortunately the limit for debt recovery is 6 years, it's very bad practice for a bill to be left for 2.5/3 years though but it does happen.

Ell2577

I thank you for that information, I absolutely intend to request the itemised bill. He’s basically received a letter requesting the money with a very slight breakdown. £3748.50 for work done to date?? Not sure why that is. £750 VAT. Medical report £1080, requests for records and a statement £110 (not sure what this statement is).

They state he told them at the outset that he hadn’t made a previous claim so they declare him to be fundamentally dishonest as apparently he had tried before. He really wouldn’t understand this as I’m sure he thought that as they were no win no fee type solicitors that because the claim never came into fruition then it didn’t count.

My query is that if he told them from the outset why have they taken 3 years to come back with this and why would they have taken the claim on? Surely they should have dismissed it as soon as it became apparent? Am I just clutching at straws?

He would never intentionally lie about something. I would also have thought that any costs he may incur would have to be detailed from the outset? Not a letter three years down the line with a demand for payment in 7 days.

I’m rambling now.....:(

CakeCrusader

Ell2577 wrote: »

I thank you for that information, I absolutely intend to request the itemised bill. He’s basically received a letter requesting the money with a very slight breakdown. £3748.50 for work done to date?? Not sure why that is It depends on what they've done and what their fees are. £750 VAT. This is normal, it's 20% Medical report £1080, requests for records and a statement £110 (not sure what this statement is) This is a witness statement or they have written to someone, like a doctor, to ask for a medical statement, it's another word for an official letter.

They state he told them at the outset that he hadn’t made a previous claim so they declare him to be fundamentally dishonest as apparently he had tried before. He really wouldn’t understand this as I’m sure he thought that as they were no win no fee type solicitors that because the claim never came into fruition then it didn’t count. This might depend on how far the previous firm took matters. Did they get as far as to get a settlement, or did they just look into things? Does your dad ever remember telling the current firm about this at all, or did he just tick a box?

My query is that if he told them from the outset why have they taken 3 years to come back with this and why would they have taken the claim on? Surely they should have dismissed it as soon as it became apparent? Am I just clutching at straws? It's hard to say, you'll find out more once you have his client file.

He would never intentionally lie about something. I would also have thought that any costs he may incur would have to be detailed from the outset? Not a letter three years down the line with a demand for payment in 7 days. People don't usually intentionally lie. They get called up by people touting for clients, and they get pulled along. It can be difficult for a lot of people to put the breaks on once something like this starts. A good, decent firm makes sure their client is well informed, happy, and that they are in control of the case.

I’m rambling now.....:(

I'm sorry. I can't come close to imagining how stressful this is for you both. Getting the right help is really important, do request a full copy of the costs and a copy of the client file though as you need to know what you're dealing with.

Ell2577

I’m so very grateful that you are taking the time out your weekend to reply to me with so much information. Thank you ❤️

I can remember asking a member of the family to write them a letter describing how his hearing affects daily life. Like watching tv,
Not being able to hear others when they are talking to him etc. That was done so they may be classing that as the statement.

He never received any offer it was another firm looking into things as far as I can gather. He really doesn’t remember how he told them. Not sure if it was verbally at his appointment or whether it was a ticky box situation.

You’re absolutely right about the touting for business part. He would have swept along with it as you say. After three years he really didn’t think this would come to anything and has no records of any contact with the firm at all. It’s only because I remember the appointment. He still can’t.

Another query if you don’t mind..... would the firm charge for the client file and copy if costs? I’m terrified this is going to escalate further.

Isn’t it just typical it’s a weekend and can’t get in touch with anyone. My dad suffers from anxiety as it is. He won’t sleep through this, he’s just managed to get over a cancer scare (thankfully all was clear). He just really needs a break....

CakeCrusader

Ell2577 wrote: »

I’m so very grateful that you are taking the time out your weekend to reply to me with so much information. Thank you ❤️ You're very welcome. Life's really tough sometimes, but it would be a lot worse if no one took the time to help.

I can remember asking a member of the family to write them a letter describing how his hearing affects daily life. Like watching tv,
Not being able to hear others when they are talking to him etc. That was done so they may be classing that as the statement. Possibly, that or they have contacted a hearing specialist. The client file will help you to fill in the missing pieces.

He never received any offer it was another firm looking into things as far as I can gather. He really doesn’t remember how he told them. Not sure if it was verbally at his appointment or whether it was a ticky box situation. This should be documented in his client notes anyway. Are you able to remember what they said/what happened when they withdrew?

You’re absolutely right about the touting for business part. He would have swept along with it as you say. After three years he really didn’t think this would come to anything and has no records of any contact with the firm at all. It’s only because I remember the appointment. He still can’t.

Another query if you don’t mind..... would the firm charge for the client file and copy if costs? I’m terrified this is going to escalate further. They shouldn't do, but if they did it shouldn't be more than £15 as he's technically paying for them anyway.

Isn’t it just typical it’s a weekend and can’t get in touch with anyone. My dad suffers from anxiety as it is. He won’t sleep through this, he’s just managed to get over a cancer scare (thankfully all was clear). He just really needs a break....

I'm really sorry, it must feel like one thing after another. There will be a point when things get easier!



Ok. What I'd do is write the solicitors a letter asking for a full breakdown of the costs, and a copy of your father's client file (this will include his contract so you can check the terms and conditions, it will include all work done etc). If they come back to you with a 'nope', or if the information provided doesn't take you through everything, then you need to make a complaint to the firm. Your complaint should include the management of your father's case, the lack of any invoicing, the cold calling, the excessive fees, and any issues that your dad has had with them that's been missed on here. Give them a month to respond. If they don't respond then send a copy of the letters to the Legal Ombudsman, they will look into this for you. They are impartial, so won't take sides. They don't like 'no win no fee' arrangements (they are called conditional fee arrangements now); https://www.legalombudsman.org.uk/publications/no-win-no-fee/report.html