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Solicitor asking for money back!!

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  • Solicitor asking for money back!!

    Help, really need some good advice here. In Aug of last year someone ran into the back of me in my car. Unfortunately as I was stationary at the time and I was shunted quite a way forward I suffered a personal injury, for which I had physio for, for the next 8 weeks. Anyway, on the 13th Jan this year, an offer was made from the third party, which I was advised to accept from my solicitor (who was provided for me by my car insurance) as I had Legal Expenses included on my policy (thank god). I was told that the total cost of my claim would be £2940.00, (£440 of which was payable to my Physio people for the treatment id had) so I was told over the phone, that I would receive a cheque for approx £2500.00. Anyhow on the 23rd Jan, I received a cheque for £2,940.00 which was attached to a letter that read as follows:-

    We are pleased to enclose a cheque in the sum of £2940.00 in full and final settlement of your claim. This sum represents settlement on a 100% basis. As terms of settlement have been agreed with the other party, your claim cannot be re-opened at a later date.
    We are pleased to have brought this claim to a successful conclusion and hope that if you require assistance in future you will consider approaching the firm.


    So from this I assumed that the £440.00 for my physio treatment had already been settled and the cheque I had received was mine to bank. But as I was still unsure, I contacted my solicitors the same day that I got the cheque. I spoke to my personal claims handler after quoting my personal ref number. I told her that I was ringing to acknowledge receipt of my cheque and also to double check if there was anything else that I needed to do now, she said "no thats it, the cheque is full and final settlement and the claim has been resolved", I than said to her "so am ok to go ahead and pay this cheque into my bank", and she said "yes thats correct"....so thats what I did.

    NOW today, I have just received a phone call from my solicitors saying that I need to send them a cheque for £440.00 in payment of my physio, as I had received this amount in error, I explained that I contacted them the same day that I got the cheque and I was told that the cheque was in full and final settlement (which is also stated in the letter that the cheque was attached to, which I still have), the girl said "yes I remember our conversation but I wasn't aware that the full amount had been issued to yourself, so you need to return £440.00 to us so that we can pay the physio. I said but that isn't my fault, and I no longer have the money.....and I have a letter stating that the amount sent to myself was in full and final settlement and was 100% of the claim. She said in that case then she would have to speak to her manager and would ring me back.....so far I am still waiting for her phone call.

    Please advise.....can they really force me to return this money that they say I have to, even though the error is quite clearly theirs and not mine and I have a letter stating the amount of the cheque and that it is in full and final settlement and that the sum represents settlement on a 100% basis.
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  • #2
    Re: Solicitor asking for money back!!

    HI....did you ask the woman if your physio had already been deducted from your cheque?(which clearly it hadn't).

    Comment


    • #3
      Re: Solicitor asking for money back!!

      Originally posted by Racy Tracy View Post
      I no longer have the money.
      How have you spent £2,940 in two weeks?

      Buying shoes?

      Comment


      • #4
        Re: Solicitor asking for money back!!

        Originally posted by CleverClogs View Post
        How have you spent £2,940 in two weeks?

        Buying shoes?
        That's the overdraft sorted

        Comment


        • #5
          Re: Solicitor asking for money back!!

          Originally posted by Racy Tracy View Post
          Help, really need some good advice here. In Aug of last year someone ran into the back of me in my car. Unfortunately as I was stationary at the time and I was shunted quite a way forward I suffered a personal injury, for which I had physio for, for the next 8 weeks. Anyway, on the 13th Jan this year, an offer was made from the third party, which I was advised to accept from my solicitor (who was provided for me by my car insurance) as I had Legal Expenses included on my policy (thank god). I was told that the total cost of my claim would be £2940.00, (£440 of which was payable to my Physio people for the treatment id had) so I was told over the phone, that I would receive a cheque for approx £2500.00. Anyhow on the 23rd Jan, I received a cheque for £2,940.00 which was attached to a letter that read as follows:-

          We are pleased to enclose a cheque in the sum of £2940.00 in full and final settlement of your claim. This sum represents settlement on a 100% basis. As terms of settlement have been agreed with the other party, your claim cannot be re-opened at a later date.
          We are pleased to have brought this claim to a successful conclusion and hope that if you require assistance in future you will consider approaching the firm.


          So from this I assumed that the £440.00 for my physio treatment had already been settled and the cheque I had received was mine to bank. But as I was still unsure, I contacted my solicitors the same day that I got the cheque. I spoke to my personal claims handler after quoting my personal ref number. I told her that I was ringing to acknowledge receipt of my cheque and also to double check if there was anything else that I needed to do now, she said "no thats it, the cheque is full and final settlement and the claim has been resolved", I than said to her "so am ok to go ahead and pay this cheque into my bank", and she said "yes thats correct"....so thats what I did.

          NOW today, I have just received a phone call from my solicitors saying that I need to send them a cheque for £440.00 in payment of my physio, as I had received this amount in error, I explained that I contacted them the same day that I got the cheque and I was told that the cheque was in full and final settlement (which is also stated in the letter that the cheque was attached to, which I still have), the girl said "yes I remember our conversation but I wasn't aware that the full amount had been issued to yourself, so you need to return £440.00 to us so that we can pay the physio. I said but that isn't my fault, and I no longer have the money.....and I have a letter stating that the amount sent to myself was in full and final settlement and was 100% of the claim. She said in that case then she would have to speak to her manager and would ring me back.....so far I am still waiting for her phone call.

          Please advise.....can they really force me to return this money that they say I have to, even though the error is quite clearly theirs and not mine and I have a letter stating the amount of the cheque and that it is in full and final settlement and that the sum represents settlement on a 100% basis.
          Although legal title has passed with the transference of the cheque, generally the courts (if it was to go that far) would rule that it was inequitable for the mistake to hold good and would rule the overpayment be refunded.(unjust enrichment?)
          A mistake through negligence does not alter the position, unless the payee's position has been altered because of that payment i.e. genuinely believing the money to be rightly yours you have changed your position (possibly given the money away, paid off a loan etc)

          As you say you have disposed of the cash (either shoes as suggested by CC or elsewhere) having queried the matter I believe you have a good chance of retaining it.
          In any event would the solicitors risk a court action and the attendant publicity showing how careless they were with their own or clients cash?

          Comment


          • #6
            Re: Solicitor asking for money back!!

            thanks for the replies......to CC I haven't spent the money on shoes (i wish) or on anything else for myself for that matter....the majority of it was taken in clearing my overdraft, and the remainder was used to bring my Electric and Gas bills up to date (as i had fallen quite a bit behind owing money to both since last Aug) also I paid off 2 credit card bills, road tax for my car, and two tyres. So out of £2,940.00, after everything has been cleared I probably have about £150.00 left. To Inca, no I didnt ask if the physio had already been deducted, because the cheque had been sent via my solicitor, and I had legal expenses, I presumed that all that had already been sorted otherwise I wouldnt of received a cheque.

            Comment


            • #7
              Re: Solicitor asking for money back!!

              I rather suspected it would have been used to pay off more mundane bills, some of which would have increased due to your injury.

              You may have to repay the money, but it would be sensible for the solicitor to arrange a reasonably painless schedule - perhaps £10 per week, or per month?

              Comment


              • #8
                Re: Solicitor asking for money back!!

                That'll teach them to check then won't it lol msl:

                Comment


                • #9
                  Re: Solicitor asking for money back!!

                  If you still have the £150 left then I would be tempted to offer them £100 immediately as a gesture of goodwill. Does your overdraft still exist? If still have the facility it might be worth the trouble to use that to pay off the solicitors.

                  Comment


                  • #10
                    Re: Solicitor asking for money back!!

                    Originally posted by seduraed View Post
                    If you still have the £150 left then I would be tempted to offer them £100 immediately as a gesture of goodwill. Does your overdraft still exist? If still have the facility it might be worth the trouble to use that to pay off the solicitors.
                    But then she'd have to pay bank interest on her overdraft.

                    Comment


                    • #11
                      Re: Solicitor asking for money back!!

                      no, i no longer have my overdraft. When i paid it off i asked the bank to withdraw the facility as it was costing me a lot of money per month in interest etc, and with not working there was no funds going in to clear it so it made sense to get shut of it. Can the solicitor really make me pay this money back, when it is clearly their mistake. I accepted the cheque to be correct and was told that on the phone the day I rang. Do I not have any rights at all?? its all very confusing and im wishing now id never bothered with the flippin injury claim and just put up with the pain and taking tablets :tinysmile_cry_t:

                      Comment


                      • #12
                        Re: Solicitor asking for money back!!

                        They might well claim it back a lot depends on the paperwork be prepared ask for or make sure you have all this makes a defence easier

                        Comment


                        • #13
                          Re: Solicitor asking for money back!!

                          Originally posted by Racy Tracy View Post
                          Help, really need some good advice here. In Aug of last year someone ran into the back of me in my car. Unfortunately as I was stationary at the time and I was shunted quite a way forward I suffered a personal injury, for which I had physio for, for the next 8 weeks. Anyway, on the 13th Jan this year, an offer was made from the third party, which I was advised to accept from my solicitor (who was provided for me by my car insurance) as I had Legal Expenses included on my policy (thank god).I was told that the total cost of my claim would be £2940.00, (£440 of which was payable to my Physio people for the treatment id had) so I was told over the phone, that I would receive a cheque for approx £2500.00.Anyhow on the 23rd Jan, I received a cheque for £2,940.00 which was attached to a letter that read as follows:-

                          We are pleased to enclose a cheque in the sum of £2940.00 in full and final settlement of your claim. This sum represents settlement on a 100% basis. As terms of settlement have been agreed with the other party, your claim cannot be re-opened at a later date.
                          We are pleased to have brought this claim to a successful conclusion and hope that if you require assistance in future you will consider approaching the firm.


                          So from this I assumed that the £440.00 for my physio treatment had already been settled and the cheque I had received was mine to bank. But as I was still unsure, I contacted my solicitors the same day that I got the cheque. I spoke to my personal claims handler after quoting my personal ref number. I told her that I was ringing to acknowledge receipt of my cheque and also to double check if there was anything else that I needed to do now, she said "no thats it, the cheque is full and final settlement and the claim has been resolved", I than said to her "so am ok to go ahead and pay this cheque into my bank", and she said "yes thats correct"....so thats what I did.

                          NOW today, I have just received a phone call from my solicitors saying that I need to send them a cheque for £440.00 in payment of my physio, as I had received this amount in error, I explained that I contacted them the same day that I got the cheque and I was told that the cheque was in full and final settlement (which is also stated in the letter that the cheque was attached to, which I still have), the girl said "yes I remember our conversation but I wasn't aware that the full amount had been issued to yourself, so you need to return £440.00 to us so that we can pay the physio. I said but that isn't my fault, and I no longer have the money.....and I have a letter stating that the amount sent to myself was in full and final settlement and was 100% of the claim. She said in that case then she would have to speak to her manager and would ring me back.....so far I am still waiting for her phone call.

                          Please advise.....can they really force me to return this money that they say I have to, even though the error is quite clearly theirs and not mine and I have a letter stating the amount of the cheque and that it is in full and final settlement and that the sum represents settlement on a 100% basis.
                          See the bit I've highlighted in bold red text? From what you've said, it appears you had been advised, albeit verbally, on a previous occasion, that you would receive a cheque for £2,500 after £440 had been deducted from the settlement of £2,940 to settle the invoice for your physiotherapy treatment. Strictly speaking, you should have returned the cheque to the solicitor pointing out their mistake. However, the mistake was down to the solicitors and the Personal Claims Handler did say that the cheque was in 100% settlement. In those circumstances, the question arises as to whether any reasonable person would believe they were entitled to the full £2,940, given the assurance the Personal Claims Handler gave over the phone. On balance of probability, it is reasonable to believe, given what you were told by the Personal Claims Handler, that you were entitled to the full amount of £2,940. However, in order to cover yourself, I would contact the Solicitors Regulation Authority (SRA) and seek their guidance. This is because the solicitor will be registered with them under the Legal Services Act 2007 as litigation is classed as a "Reserved Activity" under the Act. You can also seek advice from a Law Centre, if there is one near to where you live, or contact the National Pro Bono Centre.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: Solicitor asking for money back!!

                            IMHO the solicitors would probably fail in an attempt to claim the money back.
                            You were paid it in full and final settlement. They then confirmed this.
                            On that basis you used the cash, i.e. your defence against a claim of "unjust enrichment" is "change of position"
                            (Phillip Collins Ltd v Davis[2000]3All ER 808)

                            Comment

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