Major Problems with Lloyds TSB

**obprestige** · 29th October 2007 16:35

I started a case for a friend of mine to help him reclaim his bank charges but when i made the aplication i put myself as the claimaint as he is currently working abroad. I now realise that this was the wrong thing to do and have recieved a letter from Martineau Johnson teling me that:-

"unless you agree to withdraw the claim our instructions are to attend the hearings and request that the claims are struck out. We shall also requst an Order for costs against you in respect of each claim and believe that we shall be successful."

so I withdrew the claim thinking that this would resolve the problem and avoid having to pay any costs, but them recieved another letter from the same company with a break down of what the were going to charge me for the time they had already spent on this case.

I need help, can they still try to charge me even though i did what they asked, the impression that the letters gave was that if i didnt withdraw the case they would charge me not that they would charge me even after i had withdrawn it

Please help!!

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**GuidoT** · 29th October 2007 19:44

If you are in the fast or multi track then if you discontinue a claim, you are usually liable for the other sides legal costs.

On the small claims track each side usually bears their own legal costs.

What stage was the claim at, had it been allocated to a track?

What was the value of the claim?

How much are they attempting to charge you?

**obprestige** · 1st November 2007 14:20

The claim amounts are large and none of the documents that I have say they are on the small claims track, one is over 8000 the other over 4000

They are trying to charge over 1000 pounds for work thy say they have already done on the two cases.

We had dates for both cases and were awaiting court

I need to know if this is a fair figure or if they are trying to take advantage of me and my friend

Any advise is welcome

**GuidoT** · 1st November 2007 14:45

If you had a trial date, the case would have been allocated to a specific track. You need to look back over your documentation, there should be a court order that states which track.

If you cannot tell, phone the court and ask they are usually helpful.

Was it a combined claim for a total of £12K. If yes you are likely to be allocated to the fast track.

Notwithstanding the above, £1K sounds reasonable for a claim that is reasonably advanced. Charging out rates will be around £180 hour for a Grade 1 solicitor. However I would ask for a Breakdown icon

in any event, i.e. the activity undertaken the grade of solicitor and the date and time.

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