Payday loan refund solicitors have sent a threatening bill.

John_G_Jones

Lewis_Voce wrote: »

The agreement does state they can charge if I cancel before all claims have been concluded. I have to admit this was an awful decision by myself.

However, it also states that in there responsibilities they must reply to my correspondence within 10 days and they have failed to reply to numerous emails of mine from November asking for updates. How easy it is to argue this point with solicitors?

What is the penalty that it says that they must pay if they miss this deadline?

-taff

It's not usual to find a solicitor who'd want to get involved in reclaiming payday loans, it's much more usual for a complaints company to do that and they sometimes word their websites to make it sound like they are solicitors.
Also, completing all complaints against all companies is a usual contract inclusion.
I don't think you are dealing with solicitors, same as sourcrates.

WhenIam64

However, it also states that in there responsibilities they must reply to my correspondence within 10 days and they have failed to reply to numerous emails of mine from November asking for updates. How easy it is to argue this point with solicitors?

Depends on how you approach it. They are claiming breach of contract and costs that go with it. Similarly you can argue that the contact with them was brought to an end earlier by their own breach - failing to respond within the 10 days stated.

It depends on a) whether this breach was brought to their attention and b) were they given the chance to rectify it and c) when you severed the contract with them did you inform them the reason was their initial breach.

Google "Repudiatory breach" or have a look at https://en.wikipedia.org/wiki/Breach_of_contract

Lewis_Voce

Thanks for all the responses on this.
I'm going to email them today informing them that my reason for leaving was that they broke certain clauses of the contract, and that I will request that to be taken into account and the matter to be amicably concluded.
Will keep you all posted.
Pretty sure it isn't actually a solicitors but just an online complaints company. Lessons definitely learned on this one.

-taff

Ask them for a copy of their complaints procedure also, and make a complaint to them, They have eight weeks to respond and then you can go to the legal omudsman.
If they think they are on solid ground they will take you to court.

EssexHebridean

First things first, find the "Terms of Retainer" that you will have been sent or handed when you first instructed them. That will detail the fees and terms of payment. You can tehn quite reasonably ask for a breakdown of costs on the bill which should set out line by line how this amount is made up.

There is a right of challenge on solicitors fees if you think that they are unreasonable in light of the the fees that were stated/quoted to you - howver in order to do this you will first need to pay (I think - working from memory now) 50% of the bill - you can then ask for the balance to be assessed for fairness. This detail should be stated both on the bottom of the bill and also in the TofR.

WhenIam64

EH possibly means this page

https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complaints/

But the OP already complained in November and since nothing improved, invoked self-help in the form of repudiation. It will be no skin off the solicitors nose to pay £50 to get this into court, but realistically do they want to run "litigation risk" for this amount.

You can check names that were supposed to supervise the work here. The backroom monkey may have done the work, but there has to be at least one supervising solicitor.

http://solicitors.lawsociety.org.uk

-taff

They weren't solicitors [at least the OP deosn't think they were], it was a claims comany,who will have a clause saying they can charge a resonable amount for work done to date. It all depends on what they and the legal ombudsman think resonable, and also depends whether they breached their side of the contract.
What was the company name?

Lewis_Voce

It was High Street Solicitors (also known as refund you.co.uk I believe).

I have just got off the phone to them where the woman taking the call (apparently my case manager) was very apologetic. I have emailed my thoughts on them breaching terms of the agreement themselves and she has forwarded onto her manager
Fingers crossed

Lewis_Voce

Just to update. Email today from them saying they apologise and have withdrawn all costs.

Thank you so much to everyone for your comments and advice