Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • gazmon
    • By gazmon 13th Apr 18, 10:55 AM
    • 37Posts
    • 1Thanks
    gazmon
    Help with solicitor demand
    • #1
    • 13th Apr 18, 10:55 AM
    Help with solicitor demand 13th Apr 18 at 10:55 AM
    Hi, all

    In 2016 i was contacted by a company who dealt with holiday sickness, my wife and kids had been sick on holiday and they said i could have a claim, i went through a process of starting a claim with a solicitor named `Driscoll Kingston` in Liverpool , after moutains of letters and forms my wife decided she wanted to cancel the claim,

    Which i did by email informing them we no longer wished to continue,

    i have this week after hearing nothing for over a year had a letter from Driscoll Kingston Demanding a payment of several thousands for work they did.

    my wife and i were under the impression that it was totally a no win no fee claim

    please could anyone advise on what i can do

    thanks
    gazmon
Page 1
    • Silver Queen
    • By Silver Queen 13th Apr 18, 10:59 AM
    • 345 Posts
    • 1,704 Thanks
    Silver Queen
    • #2
    • 13th Apr 18, 10:59 AM
    • #2
    • 13th Apr 18, 10:59 AM
    What does it say on your client care letter that you got at the start of the claim?

    If you didn't get a client care letter, you can raise the issue with the solicitors' internal complaints procedure, and if you don't reach a satisfactory conclusion you can raise the issue with the solicitors regulation authority.

    I suspect that the client care letter would say though that if you cancel the claim halfway through, they reserve the right to charge for the work carried out thus far so you may be liable to pay the bill. Depending how much it is you might be able to work out some kind of a reduced payment or payment plan.
    Debt Totals April 2018::
    £350 Natwest Credit Card / Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £10,500 £500 train ticket loan from parents / Now £0 (paid off 16/02/18) £2,000 Overdraft Now £0 (paid off 09/03/18)
    • gazmon
    • By gazmon 13th Apr 18, 11:11 AM
    • 37 Posts
    • 1 Thanks
    gazmon
    • #3
    • 13th Apr 18, 11:11 AM
    • #3
    • 13th Apr 18, 11:11 AM
    Iím not sure of if we received a client care letter and if we did it might not be here anymore

    My guess is that if I ask for one they will provide it as there get out clause
  • National Debtline
    • #4
    • 13th Apr 18, 12:42 PM
    • #4
    • 13th Apr 18, 12:42 PM
    Hi gazmon


    Although this may have been a no win no fee scheme, that is usually on the basis that you continue with the claim until it's conclusion. It's likely you will find somewhere in the small print that if you cancel you can be held liable for the solicitor's bill.


    I'd certainly advise you to check all of your paperwork. If you no longer have it you'll need to ask for copies. If you are liable then you'll need to look at your options to deal with the debt.


    The debt is classed as a non priority but solicitors are known to be a bit more proactive in chasing debts. I'd advise you get in touch with one of the free debt advice agencies to discuss all of your options. I hope it goes well.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • gazmon
    • By gazmon 13th Apr 18, 1:12 PM
    • 37 Posts
    • 1 Thanks
    gazmon
    • #5
    • 13th Apr 18, 1:12 PM
    • #5
    • 13th Apr 18, 1:12 PM
    Hi

    But I combined total including a 50% discount is £16000. , this is far greater than the expected claim sort !!!

    As you can imagine that an extortionate amount of fees , considering they informed me the case was rejected
    • Silver Queen
    • By Silver Queen 13th Apr 18, 3:04 PM
    • 345 Posts
    • 1,704 Thanks
    Silver Queen
    • #6
    • 13th Apr 18, 3:04 PM
    • #6
    • 13th Apr 18, 3:04 PM
    The only thing you can do is check your paperwork as the fees will have been set out in the client care letter. There's no use arguing the amount to an online forum as none of us will have seen the terms. Is the amount £16,000 or have you accidentally added a 0? If it's £1,600, that's actually not a huge amount for solicitors fees if charged at an hourly rate. £360 + VAT per hour is a standard rate and a bill for £1,600 is only 4 hrs work.
    Debt Totals April 2018::
    £350 Natwest Credit Card / Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £10,500 £500 train ticket loan from parents / Now £0 (paid off 16/02/18) £2,000 Overdraft Now £0 (paid off 09/03/18)
    • gazmon
    • By gazmon 13th Apr 18, 3:10 PM
    • 37 Posts
    • 1 Thanks
    gazmon
    • #7
    • 13th Apr 18, 3:10 PM
    • #7
    • 13th Apr 18, 3:10 PM
    No I respect what u are saying and understand what I need to check

    It is £16000 though
    • sourcrates
    • By sourcrates 13th Apr 18, 3:18 PM
    • 13,782 Posts
    • 13,098 Thanks
    sourcrates
    • #8
    • 13th Apr 18, 3:18 PM
    • #8
    • 13th Apr 18, 3:18 PM
    There is a Legal Ombudsman you can complain to in cases such as this.

    Information here :

    http://www.legalombudsman.org.uk/
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Silver Queen
    • By Silver Queen 13th Apr 18, 4:10 PM
    • 345 Posts
    • 1,704 Thanks
    Silver Queen
    • #9
    • 13th Apr 18, 4:10 PM
    • #9
    • 13th Apr 18, 4:10 PM
    Ok. This is what I would suggest:

    1. Ask for copy of client care letter. If they didn't give you one at the beginning (the rules are they should give you a client care letter prior to any advice being given but generally as long as they gave you the letter before any work is done it's usually fine) then they'll have a headache for themselves and might reduce/drop the cost.
    2. Ask for an itemised bill. This should show a log of the dates that work was carried out, how long for, what type of work i.e. phone call, letter etc.
    3. If still not satisfied, raise an internal complaint. You need to do this first before raising the matter with the ombudsman.
    4. If still not satisfied, raise a complaint with the legal ombudsman.
    5. If the sols have acted improperly, raise a complaint with the solicitors regulation authority too.

    The itemised bill will make it easier to tell whether the bill is legit or if they've just inflated it massively.
    Debt Totals April 2018::
    £350 Natwest Credit Card / Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £10,500 £500 train ticket loan from parents / Now £0 (paid off 16/02/18) £2,000 Overdraft Now £0 (paid off 09/03/18)
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

266Posts Today

3,641Users online

Martin's Twitter