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Undercharged by solicitor and contacted after 3.5 years??
We received a balance statement a few weeks after completion asking us for £1200 to cover stamp duty costs and the balance statements had solicitor fees, stamp duty etc all included. I tried to make sense at the time as it didn't seem to add up but trusted the solicitors so paid the amount and that was that.
I have now received a letter saying their was a clerical error and we owe £950 extra to them. Can they really do this? 3.5 years later? Any advice on how to proceed with this?
Comments
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If the error is proven then they have up to 6 years* to bring a claim for the balance of payment. (Limitations Act). So yes, they can chase you for it. But they need to prove that the debt is owed.
* 5 years from discovery in Scotland0 -
Ask to pay in installments.0
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Yes they can.Eat vegetables and fear no creditors, rather than eat duck and hide.0
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By your own admission "it didn't seem to add up" but of course you should now ensure you understand whether or not this amount is owed.
If you think it is not, write explaining why and refuse to pay.
If you think it is, either pay it, or ask to pay in installments which any reasonbale debtor would be sympathetic to given the passage of time.0 -
An error in your favour does not entitle you to keep the money. So, yes they can. However, they cannot insist on lump sum payment. They have to offer a repayment option given the length of time that has gone.
You could go back to them and say you do not have the funds to make a lump sum payment of that amount but could just about afford to repay £20 per month or accept a full and final settlement of £500 as all you can afford. Many firms will go for the smaller lump sum because the admin hassle of monthly payments makes the lump sum simpler.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
I would resist. Say you settled the statement they produced and it's unreasonable to raise this after several years. I suspect they're trying their luck as they have nothing to lose. When they know they're not dealing with a soft touch the balance will be written off. If they decide to pursue the sum through the courts they will need to send you a formal letter before action. Until that's received it's all just bluster and you shouldn't give them a glimmer of hope.0
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Xplosivgas wrote: »I would resist. Say you settled the statement they produced and it's unreasonable to raise this after several years. I suspect they're trying their luck as they have nothing to lose. When they know they're not dealing with a soft touch the balance will be written off. If they decide to pursue the sum through the courts they will need to send you a formal letter before action. Until that's received it's all just bluster and you shouldn't give them a glimmer of hope.
But that is what solicitors do for a living????In case you hadn't already worked it out - the entire global financial system is predicated on the assumption that you're an idiot:cool:0 -
Pay up, if you ever intend to use that solicitor in the future."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
Pay up, if you ever intend to use that solicitor in the future.
Because solicitors are so hard to come by! :rotfl:plus the obvious fact that you'd be using them for one of the biggest financial decisions of your life and they have already proved they can't do basic maths!Those who risk nothing, Do nothing, achieve nothing, become nothingMFW #63 £0/£5000
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