Re: Can the solicitors charge me?

NickDurham

We have recently pulled out of a purchase for several reasons. We were doubtful from the very start and so held back on signing the contract sent by the solicitors who our estate agents work with. The mortgage company did send them the valuation report and they told us they had received this. However, we had already informed them that we hadn't yet returned their contract because we wanted to ascertain a few things about the property before going ahead and incurring costs unnecessarily.

When we decided to pull out shortly after this we then fell ill and this, combined with mobile phones breaking, meant we simpyl didn't get round to informing the solicitors about what had happened, although from their messages we realised that the EA had informed them.

This morning I received a letter saying that 'We have limited the costs in connection with the work taken on your behalf to £94.00 and we should be obliged if you would please let us have settlement of this sum to finalise the matter'.

I know we should have contacted them earlier, but I had no idea they were doing any work for us. Am I right in thinking that they cannot charge me for work carried out on our behalf if we never signed a contract asking them to carry out work on our behalf?

Thanks for any advice.

nutmegman

Wrong,

They can charge you it doesn't matter that you didn't sign the contract as you have entered into the contract via you own conduct which brings the contract into force.

You are lucky it is only £94, i would just pay up and put this one down to experience.

Captain_Mainwaring_2

Did you sign any authorization to carry out work on your behalf, did you "instruct" them?

Whilst before you may have gotten away with it, with conveyancing work getting a tad thin, then they may attempt to recover some money.

poppysarah

I think saying you were both ill and your mobiles broke is the same as saying the dog ate your homework when you were at school.

Unfortunate, but doesn't stop you having rung them to tell them you weren't going ahead.

terryw

nutmegman wrote: »

Wrong,

They can charge you it doesn't matter that you didn't sign the contract as you have entered into the contract via you own conduct which brings the contract into force.

You are lucky it is only £94, i would just pay up and put this one down to experience.

Spot on Nutmeg.

terryw

Captain_Mainwaring_2

poppysarah wrote: »

I think saying you were both ill and your mobiles broke is the same as saying the dog ate your homework when you were at school.

Unfortunate, but doesn't stop you having rung them to tell them you weren't going ahead.

This one I will agree on, if it had been a lottery win, the bloody phone would have jumped into life.

Don't people have phones connected to bit of cable anymore? I've got a folder full of excuses as to why I haven't been paid and mobiles feature highly in the excuses. Tool of the devil they are , and £94 will make you remember it.

NickDurham

Captain_Mainwaring wrote: »

This one I will agree on, if it had been a lottery win, the bloody phone would have jumped into life.

Don't people have phones connected to bit of cable anymore? I've got a folder full of excuses as to why I haven't been paid and mobiles feature highly in the excuses. Tool of the devil they are , and £94 will make you remember it.

I appreciate everyone's advice, although the judgmental tone of some comments is a bit much for what should be a pretty amiable board! I should make clear that I wasn't using the mobile breaking as a reason for not calling THEM, but because they only got in touch with me via leaving a message on my mobile and emailing me. I didn't receive the mobile message until a day or 2 ago because of the problems with it and the email was only sent last week. I'm not sure if you've all got kids those who responded, but when you've got a young baby who's very ill, as are you, getting the mobile fixed in case a solicitor who you didn't think was acting for you might call is not top on your list of priorities.

I fully accept this is one I'll have to put down to experience. Having never tried to buy a house before I had no idea that you could be charged by a conveyancing solicitor without their doing any conveyancing for you. Like I said, one to chalk up to experience.

I'm not sure what was meant by "my conduct" like I was some naughty school kid - I genuinely felt that as we hadn't signed anything with the solicitors and the EA knew we weren't going ahead that that was that.

EDIT: Surely I can ask what it is they're charging me 94 quid for in any case? As far as I can tell they received a letter from my mortgage company and wrote to me to tell me it had arrived. Sounds like a pretty hefty charge for that. Also, how am I "lucky it was only 94 quid" when all they did was receive and send one letter? I'm totally confused by this comment.

Doozergirl

£94 amounts to about half an hours work for a solicitor.

They're expensive people to deal with.

If you specifically told them not to do anything then there shouldn't be anything to pay for. Most solicitors ask for £200 or so up front before they do anything anyway. Saves situations like this from occurring. Having used three sets of solicitors this year, the only one that will do anything before receiving payment is the one that we've used dozens of times. The others refused to do anything until the cheque was in the bank.

bryanb

The first post refers to a contract sent by the solicitor. Was this a contract to buy or a contract for the work the solicitor was to carry out? If the latter I see no reason for them to bill you. Unless of course you instructed them verbally.

terryw

NickDurham wrote: »

<snip>

EDIT: Surely I can ask what it is they're charging me 94 quid for in any case? As far as I can tell they received a letter from my mortgage company and wrote to me to tell me it had arrived. Sounds like a pretty hefty charge for that. Also, how am I "lucky it was only 94 quid" when all they did was receive and send one letter? I'm totally confused by this comment.

Of course you can ask them for a breakdown. I am no fan of solicitors, believe me, but the breakdown will be on the lines of:

For receiving instructions from client and considering legal problems therein
Opening file regarding the proposed purchase of 99 Dustbin Lane Peckham
Contacting Robb Fraud and Swindle, estate agents, regarding current position
Abortive phone calls to client to update position........ etc etc
Preparing contract regarding the purchase of 99etc taking into account the statutory requirements of the Big Bunce for Solicitors Act 1842 as amended by It's All Jobs For the Lads Act 1872
Contacting the Rachman and District Mortgage Mortgage Company and Car-Wash, for details of of the property under consideration
Spending nine hours in the archives with Miss Plenty Todoo (legal secretary) checking current position and legal discussion etc etc

Say, 15 hours work including time for coffee-breaks, nose-picking and in-depth discussion with Miss Todoo in the archives


Total £60 plus vat plus phone calls plus letter writing plus abortive time spent on phone calls
etc
etc etc

I am sure that you can ad-lib this as well as me!

I feel fairly sure that when you or the estate agent acting on your instructions asked them to ask, they would have sent you a letter setting out their terms of business.

You have got off cheap. They have sent you a low bill on the chance that they will get your business on the next house where you intend to buy.

Live and learn.

terryw







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Abotive

Bungarm2001

My solicitor will charge at least that for just opening a couple of letters and answering a phone call. I am amazed it isn't double. Like others have said, pay it and be grateful it isn't more...I sincerely believe there isn't much you can do about it. You could just refuse, but they'll take you to small claims probly and stuff you with the charges too.