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Solicitor's bill, a bit late!
Hi Everybody! I'm new to the forum. In Jan 2012 I received the proceeds from my property sale less the solicitor's costs and was tickled pink that it was finally over. Suddenly last week (20 months later!), I received a letter from them saying that they had made an error and need to bill me for an additional £450! Knocked the wind out of me. They may be justified costs, related to service charges at my previous property. But are they allowed to bill me after such a long time? How do I know that they wouldn't come back in 5 years with another invoice? Thanks in advance for your guidance.
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Re: Solicitor's bill, a bit late!
Hi Hotheels andOriginally posted by HotHeels View Post
I would question this very strongly through their own complaints procedure and if not satisfied with their explanation go to the Law Society
http://www.sra.org.uk/consumers/prob...solicitor.page
http://www.sra.org.uk/consumers/prob...solicitor.page -
Re: Solicitor's bill, a bit late!
Thanks MissFM! Do you know if a bill 20 months later is legally enforceable?Comment
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Re: Solicitor's bill, a bit late!
Sorry - no I don't - but if it were me I would not be willing to pay it! I think, if you believe that you have paid for all their work and have invoices to prove it - and if nothing (no further work or unforseen expense) has "come up" in the meantime they are on a very sticky wicket.
If it were me, I would probably begin with a very bland letter suggesting that they have sent you a random invoice due to clerical error...Comment
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Re: Solicitor's bill, a bit late!
Have just re-read your post and see that you think it might possibly be a kosher expense - will do some research and get back but in the meantime there are some much more knowledgeable Beagles on here who will no doubt supply the answer!
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Re: Solicitor's bill, a bit late!
HiHotHeels,
You could always try the 'change of position' defense, as per Lipkin Gorman v Karpnale
"Where an innocent defendant's position is so changed that he will suffer an injustice if called upon to repay or to repay in full, the injustice of requiring him so to repay outweighs the injustice of denying the plaintiff restitution"
See http://books.google.co.uk/books?id=_...equity&f=falseCAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
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Re: Solicitor's bill, a bit late!
She mightn't, but I do.Originally posted by HotHeels View Post
It may be, depending on the terms under which the firm was engaged and what was stated on their previous bill.
If more than six years had elapsed, however, you would be justified in referring them to Arkell v Pressdram.Comment
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Re: Solicitor's bill, a bit late!
I wouldn't pay it!Originally posted by HotHeels View Post
If you have a letter from the solicitors stating "that they had made an error and need to bill me for an additional £450", if they made a mistake that has only just been noticed 20 months later then I would question the competence of the firm in general and request a copy of your files to investigate whether they made any mistakes during the transactions you instructed them to carry out.
Obtain your files and look closely at the client ledger sheet, and then if they continue to harass you for payment report them to the Law Society.Comment
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Re: Solicitor's bill, a bit late!
This is why, when you pay a substantial bill, you note in your covering letter that it is 'in full and final settlement'. That way, if they've made a mistake, they will be hard pressed to justify any claim.Comment
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Re: Solicitor's bill, a bit late!
Indeed.Originally posted by IanM View Post
Financial mismanagment (simple incompetence, rather than running off with the clients money), is a common reason for law firms being closed by the SRA.
Evidently a firm to avoid.Comment
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Re: Solicitor's bill, a bit late!
I think most of us would think much more highly of a firm who wrote saying they had identified the charges, but were not pursuing them given the length of time elapsed.
The following may be of use:
http://www.lawsociety.org.uk/for-the...egal-services/Comment
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