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Hello all,
Now this may be a really touchy subject, my brother is currently going through a tough time with his ex partner and is not getting access to his son. He originally had a local family law firm working for him and he was cash on account. He felt the Law firm wasnt working in his best interests, and wasnt submitting required documentation for access etc etc, and was charged for police disclosures that never arrived. Also breakdowns of costs were never explained, even on a smaller bill for £3k which he paid for without hesitation.
He then lost his job and is now entitled to legal aid. The company does not undertake legal aid work, (unsure if registered for it!) and demanded outstanding payment in full another 3k, he asked for a breakdown and only received "for works undertaken".
He managed to obtain a better solicitor on legal aid, who has worked extensivley for him and has highlighted the basic failings of his previous lawyer/solictor, and where massive failings took place. The new solictor has done more in 4 months than the previous one did in 18 months.
Emails were sent from old family law firm for outstanding amount, and my brother in reply emails politley said he had lost his job and could only come up with a payment plan, to clear the outstanding amount (before he heard about the failings from his current solicitor) but needed the casefile the old solictor had undertook as the hearing was in 3 weeks. The response was No from the solictor and payment in full was needed before anything was released.
New solictor and brother undertook new statements and case progressed at an expotential rate.
The old solictor, after 4 months of hearing nothing, out of the blue on friday sent an email saying "the debt had been passed to a debt collection agency" with no prior warning or communications. the debt collection agency then got in touch on monday (2 days , weekend) saying he had 7 days to come to a payment plan (something he had suggested in an earlier email which was shot down). over 1k has been added on in costs and they have given him 12 days to respond.
Am i correct in thinking this will be a money claims Court which i could contest for my brother, or will it be a civil claim (company to individual) and if so do both of the processes adhere to the Practice Direction- Pre-action Conduct and protcols, or am i way off the mark? Im not a learned person, like most of you are on here, and i value the work good solictors/ lawyers do, as i was previously a victim of fraud, and having the right solicitor is worth their weight in gold, and worth every penny as i found out, and now understand.
any pointers in the right direction would be really helpful.While it isnt a david and goliath case, i do feel daunted to be replying on my brothers half to a solictior who could potentially tie me up in knots, ho hasnt even really taken an interest in the case and constantly remarked about additonal costs.
many thanks
Now this may be a really touchy subject, my brother is currently going through a tough time with his ex partner and is not getting access to his son. He originally had a local family law firm working for him and he was cash on account. He felt the Law firm wasnt working in his best interests, and wasnt submitting required documentation for access etc etc, and was charged for police disclosures that never arrived. Also breakdowns of costs were never explained, even on a smaller bill for £3k which he paid for without hesitation.
He then lost his job and is now entitled to legal aid. The company does not undertake legal aid work, (unsure if registered for it!) and demanded outstanding payment in full another 3k, he asked for a breakdown and only received "for works undertaken".
He managed to obtain a better solicitor on legal aid, who has worked extensivley for him and has highlighted the basic failings of his previous lawyer/solictor, and where massive failings took place. The new solictor has done more in 4 months than the previous one did in 18 months.
Emails were sent from old family law firm for outstanding amount, and my brother in reply emails politley said he had lost his job and could only come up with a payment plan, to clear the outstanding amount (before he heard about the failings from his current solicitor) but needed the casefile the old solictor had undertook as the hearing was in 3 weeks. The response was No from the solictor and payment in full was needed before anything was released.
New solictor and brother undertook new statements and case progressed at an expotential rate.
The old solictor, after 4 months of hearing nothing, out of the blue on friday sent an email saying "the debt had been passed to a debt collection agency" with no prior warning or communications. the debt collection agency then got in touch on monday (2 days , weekend) saying he had 7 days to come to a payment plan (something he had suggested in an earlier email which was shot down). over 1k has been added on in costs and they have given him 12 days to respond.
Am i correct in thinking this will be a money claims Court which i could contest for my brother, or will it be a civil claim (company to individual) and if so do both of the processes adhere to the Practice Direction- Pre-action Conduct and protcols, or am i way off the mark? Im not a learned person, like most of you are on here, and i value the work good solictors/ lawyers do, as i was previously a victim of fraud, and having the right solicitor is worth their weight in gold, and worth every penny as i found out, and now understand.
any pointers in the right direction would be really helpful.While it isnt a david and goliath case, i do feel daunted to be replying on my brothers half to a solictior who could potentially tie me up in knots, ho hasnt even really taken an interest in the case and constantly remarked about additonal costs.
many thanks
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