Solicitor overcharged me and now is taking me to court for unpaid bill

[burnt24shes]

I disputed a solicitors bill due to unexplained charges. I requested a breakdown a number of times via email and phone and never got a response. They are now taking me to court for not paying the bill. I am defending part of the claim, as the charges are a lot higher than what they should.

Is there any guidance on writing a defence for a case like this?

Thanks in advance

[islandgirl]

Did you go through the firms official complaints procedure? What was the result?

[burnt24shes]

I’m doing the defence on behalf of a family member. I don’t think they were aware of one. They did complain to ombudsman but I still awaiting a response.

[islandgirl]

usually the process is 1. Solicitor's Firm will always have a complaint procedure - you follow that and then if not happy 2. Ombudsman,.If you are helping another person you need the facts and all the paperwork and charges etc to do so including a copy of the complaint to the Ombudsman and (if there was one) the complaint to the firm. .

[burnt24shes]

A complaint was made with solicitors but only a vague response was received stating the fees were as originally said.

are there any sources you could possibly point me towards to help write the defence, as I am struggling and don’t have much time left.

Thanks for your help so far

[islandgirl]

ostell Des-8 any thoughts to help? Have you had the breakdown of hours in detail? I would wonder if they can make this claim when the Ombudsman's ruling has not yet been made?

[burnt24shes]

They have given a breakdown of hours but originally when they were appointed it was requested that we were given monthly breakdowns of payments so we can keep track; this did not occur. The defendant kept records of every phone call, meeting, email etc. The hours seem inconsistent with the work done and eventually we stopped using the solicitor, as no progress had been made to the case.

[burnt24shes]

Also I think I may have got my dates mixed up, the DOS is 11th march and an AOS was filed on 24th March, so when is the defence due for?

[islandgirl]

I have a lot of sympathy - I have argued solicitor's bills down in the past and got some discounts (though not as much as I thought I should have got) because the hours worked seemed to show little relation to the actual work produced. Hopefully someone will be along to give you some help soon.

[burnt24shes]

Thank you for your responses. Is there any chance you have any example defences? I’m really struggling to find anything online to help

[islandgirl]

I am still hoping someone will reply who has some solid suggestions but I can only think of a) detailing why the work produced cannot have taken the time charged b) the fact that you are still awaiting the ombudsman's decision and that no claim should have been issued prior to that being received c) that you specifically agreed monthly updates on fees to ensure that you were able to afford to continue but this was not provided d) lack of progress leading you to move elsewhere. e) non application of firm's complaints procedure (a vague statement is not enough)

[MIKE770]

Example Defence

[pt2537]

Hi there

First things first, you will need the client care letter, this is the starting point to all of these issues. The letter will give you a cost estimate, has the solicitor kept his work within that estimate? if not why not

Secondly, i agree with the comments re complaints process, but that wont offer you a substantive defence, you need to look at why you say the fees are not payable, you need to look at the bills that were served, were they in accordance with the solicitors act if not then they may have difficulites claiming their fees.

Dont forget you have the right t o have the bills assessed under the common law and under the legislation so you can ask the Court to assess the bills if this hasnt already been done. you need to get some costs advice though, from a costs lawyer or draftsman as that isnt really my area.

[burnt24shes]

Example Defence

Thank you for your advice.

The solicitor gave an estimate of £5k + VAT. £3.5k was paid as a retainer and now they are claiming another £5k. The contract with the solicitors was terminated as no progress had been made to the case. At no point before terminating did they provide us with an interim invoice or anything to say how the retainer had been used. The final bill was requested numerous times over two months before they gave it.

I’m writing the defence myself so im not sure how it will stand up in court

I am submitting the defence today. At what point should I have the bills assessed by court.

[pt2537]

Thank you for your advice.

The solicitor gave an estimate of £5k + VAT. £3.5k was paid as a retainer and now they are claiming another £5k. The contract with the solicitors was terminated as no progress had been made to the case. At no point before terminating did they provide us with an interim invoice or anything to say how the retainer had been used. The final bill was requested numerous times over two months before they gave it.

I’m writing the defence myself so im not sure how it will stand up in court

I am submitting the defence today. At what point should I have the bills assessed by court.

They are claiming £5k on top of the initial estimate of £5k?

Also are there any disbursements?