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Solicitor Dispute in Divorce
Comments
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The final invoice was settled in full. The query I raise here is the fact that I don't believe they are entitled to raise a further invoice when they have confirmed the final bill was settled and allowed my files to transfer to the new law firm? I have been advised that a law firm is not entitled to do this once a final invoice has been settled
Estoppel doesn't work like that. It's very complicated law, and this is a very simplistic explanation.
Ultimately you're being taken to court by a firm of solicitors - what do you expect your chances of winning are?0 -
I agree with pphillips. While it might be a valid bill there's nothing to confirm this in the OP. It's entirely possible it's an extra charge they've forgotten to bill for but it's also entirely possible they've made a mistake and this extra amount shouldn't have been invoiced. Either way they've made a mistake.
Paraza, when you asked the old law firm what this extra charge is for what did they say? Ultimately if you owe this money it needs to be paid, however it's worth questioning.
Also don't ignore them, this won't go away. It leads to issues such a court summons, as you've experienced.We haven't seen the claim form so we don't know that the solicitors are claiming they made a mistake. All we know is that the OP is claiming that he was discharged from the contract by the agreement of his solicitor on payment of the final invoice and the contract therefore came to an end when the final amount was paid.
Thank you, this is exactly what I am saying and why I am wondering if I have therefore can defend the county court summons0 -
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I received a court summons yesterday via a 3rd party law firm. Again slightly baffled as I understood they had to been seen to resolve directly with me. They did, they asked you to settle, you didn't. They're entitled to go to court. They haven't. They said this was additional work they previously hadn't invoiced for. - which is exactly what I said in my reply. I'm not legally qualified, my knowledge is basic compared to specialist solicitors and I provided this exact explanation. However a practicing solicitor has advised me that a law firm is not entitled to raise an additional invoice once a full and final invoice has been agreed and paid in full
Good get that solicitor to represent you. No win no fee - I guarantee they wont.0 -
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Not if they weren't charged for an element of work.
So in your example if they had charged £200 for drawing up documents, and now claimed that it was £250 for those same documents; then there may be a defence.
BUT if they hadn't been charged at all, then that money is still due.
I'm not aware of solicitors chasing frivolous debts through court, especially where if it were so simple to defend. But hey, It's not my money on the line.
Since you're so convinced you'll no doubt go an represent the OP in court, as a lay rep, and settle any court order?
When dealing with a law firm you request a full and final invoice to close the account with that firm. That amount was paid in full and my files were released. The old law firm for whatever reason failed to add an amount onto the final invoice. This is what I dispute as I have been advised that a law firm isn't entitled to invoice additional amounts once a final account has been agreed0 -
When dealing with a law firm you request a full and final invoice to close the account with that firm. That amount was paid in full and my files were released. The old law firm for whatever reason failed to add an amount onto the final invoice. This is what I dispute as I have been advised that a law firm isn't entitled to invoice additional amounts once a final account has been agreed
I disagree with this assertion. I'm yet to see evidence of this, beyond hearsay.0 -
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Not if they weren't charged for an element of work.
So in your example if they had charged £200 for drawing up documents, and now claimed that it was £250 for those same documents; then there may be a defence.
BUT if they hadn't been charged at all, then that money is still due.
I'm not aware of solicitors chasing frivolous debts through court, especially where if it were so simple to defend. But hey, It's not my money on the line.
Since you're so convinced you'll no doubt go an represent the OP in court, as a lay rep, and settle any court order?
But is doesn't work like that, a solicitor will not ask someone to sign a new contract every time they complete a different element of work. The contract that is signed by the client will cover all the work the solicitor completes for the client in relation to their divorce. When the work is completed the client is sent out a final invoice for all the work once it is completed. In this case the client has confirmation from his solicitor that the final bill has been paid and this covers everything. The contract is complete and the firm cannot then write to ask for more.
I can't tell that you have any experience of dealing with debt recovery by solicitors, especially when you think I should be responsible for the OP's decision to defend the claim. The OP only asked for advice on how to defend the claim, but apparently you have come on here with your own agenda,0
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