Can fixed costs be inflated in claim

[mrjon]

I am in dispute with a conveyancing solicitor regarding his £800 bill for legal fees, I made a formal complaint and suggested mediation or alternative dispute resolution I received a reply 8 months later demanding payment in full within 3 days or he would commence immediate legal proceedings.


I pointed out this did not comply with pre-court action protocol and that I had not received a letter before action, there was an exchange of emails where the solicitor was aggressive and trying to intimidate me into paying.


I was on holiday at the time and forwarded my holiday address for service, I did not indicate when I would be back in the UK just said I was not in the UK, and there was no reply to this, This happened 1 year ago and I have not heard anything back regarding the bill.


I want to ask people how likely it would be he would attempt to serve me out of the Jurisdiction just to increase costs, where his claim could breach the £5000 bankruptcy threshold, I understand when issuing a small claim there are fixed costs, but if a claimant pursues a claim with a different path and out of the Jurisdiction could the costs be inflated to breach the £5000 Bankruptcy threshold?


The solicitor was so aggressive, I worry he may disregard costs and just try and punish me, I would appreciate any views on this, especially if I am overthinking this and being irrational.


Thanks

[atticus]

When giving that address, did you tell him you were going to be on holiday? If you did, then it will be realistic to expect that within a few weeks you would have returned. Had I been that solicitor, and had I wanted to sue you, I would have waited 4 weeks and used your home address as disclosed in the information provided when you instructed me.

So my answer to your question is "not at all likely".

[mrjon]

Thanks for your response, I gave the impression I was no longer resident in the UK.

[atticus]

You reap what you sow.

[mrjon]

Your responce implies I have commited some wrong doing and expect to be punished, I have a valid reason in my dispute and a counter claim, in a dispute its adversarial and not a case of one party to reap what they sow and the other party not to be judged. I was hoping for non judgmental advice

[atticus]

No. My response implies that if you give misleading information you cannot complain if it is acted on.

That said, I think that the action that you are worried about is unlikely. Even if it is not, fixed costs on a claim for £800 will not lead to a total above the bankruptcy level.

[mrjon]

Thank you for you view, I feel more at ease now, I do agree with you about misleading information, but if you give someone a letter befor claim they have time to get legal advice and make an informed response, if you pressure someone to give an immediate response its so easy to make a mistake. Thanks for responding