Small claims court and solicitor fees

[Guest]

I understood that if you instruct a solicitor to compile your case, you cannot claim back their fee if you win.

I have a Small Claims case against a tour operator and a bank (in respect of a failed Section 75 claim).

The bank instructed solicitors. Then the solicitor put to me that if I withdrew my claim, they wouldn't charge me for the work they had done thus far.

How does this work then - I, the Claimant can't recover any solicitor fees if I win but a Defendant's solicitor can recover their fees from me if they win?

Hardly the spirit of the Small Claims court, enough to frighten someone (me) from going to court. Have I got this wrong?

[echat11]

Is there a reason why your not lodging a complaint with the FOS?

[Guest]

The claim is against a tour operator 're a holiday that was not as described. I added the bank because I paid for the holiday using their credit card and they refused my Section 75 claim

I did originally make an FOS complaint about the bank but 9 months later, the FOS still hadn't acknowledged my complaint, hence my court claim

[echat11]

What reason did the bank give?
Bank's always play 'hardball' with Section 75 claims, use all sorts of reasons to decline them.
If you have a complaint lodged with the FOS, you should follow it up.

[Guest]

The bank's reason " As xxx bank has no direct knowledge of the facts or issues you have raised in your dispute with xxx, it is unable to determine that a breach of contract and or misrepresentation has occurred on the evidence you have presented to date.

We're unable to establish a breach of contract regarding the service received during your holiday with xxx."

My witness statement is ready to be filed before the 4pm on 25th deadline but the solicitor has e-mailed this evening requesting my agreement to a 7 day extension. I wonder why they would do that? I haven't answered yet.

[echat11]

So there is a current court claim?

[Guest]

So there is a current court claim?

Yes, witness statements must be in by 4pm on 25 August, hearing date 25 Sept.

[des8]

Costs on the small claims track are extremely limited , unless one is unreasonable (and that is set at a high bar!)

Rule 3.8(4) of the Civil Procedure Rules provides that the parties may agree between themselves to extend time for compliance with a direction by up to 28 days provided the extension does not put a hearing date at risk.
So no reason not to agree

[Guest]

Thank you, this is reassuring.

I have to pay another court fee, also by the aforementioned deadline. Do I go ahead and pay this fee as directed even though I will agree the extension?

I appreciate your help, thank you

[des8]

presumably the hearing fee, so yes, pay that