Previous solicitors left, new one wanted £200 extra, can I defend myself in CCJ

ileven1225

I bought the house in September 2021. The whole purchase process was a nightmare as my 1st solicitor moved on during the purchase and there was very minimum handover, the 2nd solicitor did not know much what was done. The 2nd solicitor took the case near the completion date and we together spent signficant time to get everything done in the last minute. I was not happy with it and the 2nd solicitor told me that he would cap the fee as a goodwill of gesture. After over 3 months of the completion date, the 3rd solicitor contacted me and told me that the 2nd solicitor moved on and now they found out I owned them about £200. I told them that the 2nd solicitor offered a good will of gesture due to that the signficant time was over spent on this purchase and it also compensated my time as well. However, as there was no written evidence and the 3rd solicitor told me that based on the calculation I indeed owned them £200, otherwise I will face CCJ.

I disagreed with the 3rd solicitor but the previous two solicitors left the company. I was told that they will put a case in CCJ if I disagreed with the charge. I think I had to defend myslef in CCJ to see what judge says. If the judge's decision is to pay £200, I will pay within 30days so that there won't be any mark on my credit history. Would it be a sensible option?

Much appreciated for everyone's advice.

Andthen07

Pay it , stop quibbling over £200 if its your word against theirs and it's not uncommon for accounting/invoicing errors after the event.

isplumm

ileven1225 said:

I bought the house in September 2021. The whole purchase process was a nightmare as my 1st solicitor moved on during the purchase and there was very minimum handover, the 2nd solicitor did not know much what was done. The 2nd solicitor took the case near the completion date and we together spent signficant time to get everything done in the last minute. I was not happy with it and the 2nd solicitor told me that he would cap the fee as a goodwill of gesture. After over 3 months of the completion date, the 3rd solicitor contacted me and told me that the 2nd solicitor moved on and now they found out I owned them about £200. I told them that the 2nd solicitor offered a good will of gesture due to that the signficant time was over spent on this purchase and it also compensated my time as well. However, as there was no written evidence and the 3rd solicitor told me that based on the calculation I indeed owned them £200, otherwise I will face CCJ.

I disagreed with the 3rd solicitor but the previous two solicitors left the company. I was told that they will put a case in CCJ if I disagreed with the charge. I think I had to defend myslef in CCJ to see what judge says. If the judge's decision is to pay £200, I will pay within 30days so that there won't be any mark on my credit history. Would it be a sensible option?

Much appreciated for everyone's advice.

they cann't just give you a CCJ - it needs to go to court - ask them for a breakdown of the costs 

ileven1225

Andthen07 said:

Pay it , stop quibbling over £200 if its your word against theirs and it's not uncommon for accounting/invoicing errors after the event.

It's more related to the firm told me it was capped as a good will gesture at the completion to compensate my time and overrun.  Everything was agreed at that time. but then as the solicitor moved on after 3 months the new solicitor did not find any written evidence, they wanted to charge again after account review in new year.

ileven1225

isplumm said:

ileven1225 said:

I bought the house in September 2021. The whole purchase process was a nightmare as my 1st solicitor moved on during the purchase and there was very minimum handover, the 2nd solicitor did not know much what was done. The 2nd solicitor took the case near the completion date and we together spent signficant time to get everything done in the last minute. I was not happy with it and the 2nd solicitor told me that he would cap the fee as a goodwill of gesture. After over 3 months of the completion date, the 3rd solicitor contacted me and told me that the 2nd solicitor moved on and now they found out I owned them about £200. I told them that the 2nd solicitor offered a good will of gesture due to that the signficant time was over spent on this purchase and it also compensated my time as well. However, as there was no written evidence and the 3rd solicitor told me that based on the calculation I indeed owned them £200, otherwise I will face CCJ.

I disagreed with the 3rd solicitor but the previous two solicitors left the company. I was told that they will put a case in CCJ if I disagreed with the charge. I think I had to defend myslef in CCJ to see what judge says. If the judge's decision is to pay £200, I will pay within 30days so that there won't be any mark on my credit history. Would it be a sensible option?

Much appreciated for everyone's advice.

they cann't just give you a CCJ - it needs to go to court - ask them for a breakdown of the costs 

thanks. My plan is to defend myself in the court if we (firm and myself) end up disagreement and pay the amount whatever the judge decides within 30days so that the CCJ won't register in my credit history. Of course I can convince the judge to remove all the money as the reason I gave. Unfortunately I did not have written evidence and most time was telephone discussion. 

newsgroupmonkey_

I'd get some legal advice, but do you even have a contract with the 3rd Solicitor?

Andthen07

ileven1225 said:

Andthen07 said:

Pay it , stop quibbling over £200 if its your word against theirs and it's not uncommon for accounting/invoicing errors after the event.

It's more related to the firm told me it was capped as a good will gesture at the completion to compensate my time and overrun.  Everything was agreed at that time. but then as the solicitor moved on after 3 months the new solicitor did not find any written evidence, they wanted to charge again after account review in new year.

If you don't have written evidence how do you know it's incorrect?

Sometimes things get missed so get a breakdown, I paid more after my sale and purchase and wasn't totally happy with them but I do know these things happen. Fight it in court? Come on it's not the High Court over £200 over the trial of the century.

FreeBear

ileven1225 said: Unfortunately I did not have written evidence and most time was telephone discussion. 

In the absence of written evidence (or a telephone recording), it will be your word against theirs. I wouldn't rate your chances of success.

Swipe

Just pay it and forget about it. Is it really worth the hassle and court costs if you lose which is likely, when going against a solicitor with no paperwork to back your case, for the sake of just £200?

ileven1225

newsgroupmonkey_ said:

I'd get some legal advice, but do you even have a contract with the 3rd Solicitor?

all three solicitors from the same firm so I believe the initial contract shall be valid?

ileven1225

Andthen07 said:

ileven1225 said:

Andthen07 said:

Pay it , stop quibbling over £200 if its your word against theirs and it's not uncommon for accounting/invoicing errors after the event.

It's more related to the firm told me it was capped as a good will gesture at the completion to compensate my time and overrun.  Everything was agreed at that time. but then as the solicitor moved on after 3 months the new solicitor did not find any written evidence, they wanted to charge again after account review in new year.

If you don't have written evidence how do you know it's incorrect?

Sometimes things get missed so get a breakdown, I paid more after my sale and purchase and wasn't totally happy with them but I do know these things happen. Fight it in court? Come on it's not the High Court over £200 over the trial of the century.

Would there be additional fee if this case went to CCJ court?