notice of intended court proceedings - FINAL LETTER BEFORE COMMENCING LEGAL ACTION

[Bessiebrown]

Can I ask for some help and advice. Last year I received an unexpected solicitors bill. I had neither signed a letter of engagement, or instructed them on my matter, Their terms of business were sent to me after presenting me with their bill and 6 weeks after I had paid for my consultation and 20 days after I had filed my case at the court Their charges were never discussed, indicated or agreed and I made it very clear to the partner that I would be litigant in person if I was to pursue the matter. On receipt of their invoice I wrote to the firm regarding the unexpected bill disputing it. I further received a letter from siad firm threatening me with debt collection agency whereup I referred the matter to The Legal Ombudsmann who have kept us informed that it is still a pending investgation for them. I received a further update 4 days ago saying it was stilll pending. Yesterday, I received a Notice of Intended Court Proceedings and Final Letter from the firm of solicitors demanding payment in full with 7 days. Can you advise please

[EXC]

I'm not sure what others think but from what you've said I'd be tempted to write to the solicitors and say that it is not appropriate for them to threaten legal proceedings while the matter is with the prescribed ombudsman service and that if they are unwise enough to commence proceedings until such time as the Ombudsman has concluded the complaint, you shall apply to the court for a stay on the case on that basis and seek costs from them for doing so.

[echat11]

I think that is the correct way to proceed, if they disregard your letter, inform the Legal Ombudsman Service of their behaviour.

[Bessiebrown]

Unfortunately the solicitors have gone ahead and instructed the court and I have filled in the appropriate information to the court and have also alerted Legal Ombudsmann of this. Meanwhile in the last couple of weeks by case at the Legal Ombudsmann (since last August ) has now been passed for investigation by the Legal Ombudsmann and they have agreed to investigate the matter. However, on Friday they contacted me (in advance of having to provide further information for them by 12th October) saying that the otherside have further contacted them to say that they think my complaint is outside of the jurisdication of the LO and should be dismissed. There challenge falls under rule 5.7 )as a court is dealing with the same issue. The firm have said that they are not willing to stay or put a hold on their court action. They would like me to comment and if I disagree to send comments and any documents to support my view. Any help and comments much appreciated

[Bessiebrown]

The Solicitors have gone ahead and instructed the court and I have filled in the appropriate information to the court and have also alerted Legal Ombudsmann of this. Meanwhile in the last couple of weeks my case at the Legal Ombudsmann (since last August ) has now been passed for investigation and they have agreed to investigate the matter. However, on Friday they contacted me (in advance of having to provide further information for them bbny 10th October October) saying that the otherside have further contacted them to say that they think my complaint is outside of the jurisdication of the LO and should be dismissed. There challenge falls under rule 5.7 )as a court is dealing with the same issue. The firm have said that they are not willing to stay or put a hold on their court action. They would like me to comment and if I disagree to send comments and any documents to support my view. Any help and comments much appreciated

[echat11]

Will take a look.

[echat11]

The Solicitors have gone ahead and instructed the court and I have filled in the appropriate information to the court and have also alerted Legal Ombudsmann of this. Meanwhile in the last couple of weeks my case at the Legal Ombudsmann (since last August ) has now been passed for investigation and they have agreed to investigate the matter. However, on Friday they contacted me (in advance of having to provide further information for them bbny 10th October October) saying that the otherside have further contacted them to say that they think my complaint is outside of the jurisdication of the LO and should be dismissed. There challenge falls under rule 5.7 )as a court is dealing with the same issue. The firm have said that they are not willing to stay or put a hold on their court action. They would like me to comment and if I disagree to send comments and any documents to support my view. Any help and comments much appreciated

You just need to lay out the facts to the solicitors and Legal Ombudsman, i.e. (a) you have a dispute with the solicitors, (b) you contacted them, the dispute wasn't resolved, (c) you lodged a complaint with the Legal Ombudsman (there is no legal action from the solicitors), (d) the Legal Ombudsman is investigating the matter.

If the Legal Ombudsman side with the solicitors then see if there is an Appeals process.

https://www.legalombudsman.org.uk/in...-scheme-rules/