Groomed and ripped off?

Mummyjojo1970

I got into a car accident whilst being stationary. Not my fault. Got a call which I thought was from my insurance company saying money put aside for any injuries. I said I was shaken up but only slight neck ache. Was told to say neck aches and will receive £1500-£2000. NO MEDICAL or medical records needed. Too easy! Then had to sign agreement with solicitor. If cancel after 14 days I pay bills. I signed. Then 30 days later I’m asked for ALL medical Records and attend medical. I said I want to cancel. Can’t be doing all that. 

I was house bound for 4 months before accident due to me having lung disease. Didn’t leave house. Then left house to drive down driveway to swap cars. Then crash. I was left shaken up. I was naive. Now been told to pay £1100 solicitors fees or go to court. Told solicitor I was miss informed but won’t listen. What can I do? I signed contract!! Please help

Hasbeen

What was the quote?

Mummyjojo1970

£1100 was the quote. No win no fee. I feel totally pressurised. I didn’t even have time to read contract, as soon as received it they were calling saying sign now and get the ball rolling! As soon as 14 days cooling off was over, that’s when solicitor asks for record! I’m disabled and told solicitor I can’t pay. He said pay £750 within 14 days. I can’t I’m on benefits!! They were taking advantage of a disabled person in a vulnerable situation 

Mummyjojo1970

Hasbeen said:

What was the quote?

Hasbeen said: did you see my reply? Sorry this site is new to me not sure how to reply? 

What was the quote?

tacpot12

You need to make a formal written complaint to the solicitor. You should ask for details of the work they have done for you, and you should offer to pay something towards the bill, e.g. £500.

It doesn't matter that you are benefits, you agree to the terms of a contract and you need to honour this contract at least in part. You should be able to negotiate a payment plan with the solicitors, but do come back to this site when you have the details of the work they have actually done for you before making and offer or agreeing to pay anything. 

Many solicitors, especially those associated with "claims management companies", make large charges for essentially simple work such as "opening a file". We can help you determine what will be a fair offer to the solicitors for the work they have actually done. 

Mummyjojo1970

This is their bill. I spoke to them once on the phone and received a letter and contract. That’s it! Hope this helps. Many thanks 

Mummyjojo1970

Do you not think I was miss informed? Told I wouldn’t need a medical or records then ask for both? Ask for these after the 14 days cooling off period? The contract stated 14 days cooling off from 25th July even though contract signed 30 th June. That just confused me! I cancelled within 14 days of 25th July only to be told that was wrong!! Misleading again!

tacpot12

If you were told that your wouldn't need a medical or to provide medical records, and you didn't give permission for them to contact your GP, they should not have done so. You can dispute the cost of writing to and emailing your GP if they have done so without your permission.

If they asked for your permission after the 14 day cooling off period, then this indicates that that you were not advised correctly during the sale, and on this basis you could continue to complain that you were mis-sold. As stated, in my previous email, you need to write a letter of complaint. The risk is that they do not uphold your compliant, and sue you if you do not pay. I do think you have quite a strong case that you were missold, as a reputable firm would ask for permission to contact your GP prior at the initial contract as it is claim for injury. They may try to hide behind the fact that you gave them a more general permission "to act for you" in this case, but I think I would push (and push) for this to be regarded as inadequate when medical records (which are special category data under the data protection act) are concerned. If the firm does not uphold your complaint, you can complain to the Solicitors Regulation Authority about the mis-selling.  

if you were not told (within the 14 day cooling off period) the rate that the solicitors would charge you if the case did not go ahead, this is a further basis for a complaint of misselling.  

If you had a valid right to cancel and did so before that right expired this would give you another way out. The date of the contract and hence when the 14 days cooling off runs from is when you instruct the solicitor, not when you sign the contract. So the important date is when you said to the solicitor "I want you to act for me in this case". Based on when this was, you can work out when the cooling off period actually ended. if you cancelled outside of the cooling off period, you are not entitled to pay less than the full amount owed. The bill looks reasonable at £166 per hour of work, but as stated before you don't have to pay for work they didn't have your permission to do, such as writing to your GP. If you tried to cancel shortly after the 14 days, you can explain that you are on benefits and that you cannot afford to pay £750, and ask if they will take a lesser sum, e.g. £500 spread over 12 months.