Legal Aid & Statutory Charge Costs - Any Advice Please

[dmga01]

Hi, I'm new here so hope I've posted this in the right place! I wonder if anybody could kindly help me with this.

 

In 2006 my solicitor sent me his final bill for Legal Aid costs covering my divorce. This amounted to £4,392.38 which at the time I thought was extortionate but because my ex had made "everything" so very difficult I wasn't in the right frame of mind to question it and didn't know the average legal costs of a divorce.

 

I signed it, sent it back and it was then sent to court for approval. I didn't hear any more. I never questioned my solicitor after that as the cost would have to be a Statutory Charge put on my property (of which I was hoping to have got away with!).

 

I have recently (3 years later) been contacted by Legal Aid questioning my ongoing certificate. It turns out that my solicitor didn't arrange for a Discharge Form to finalise his work on my case and my solicitor has now left the company.

 

The solicitor handling the case now, has asked me to either pay the bill or complete the Form CLSAdmin1 to proceed with Property Charge.

 

My main question amongst many is - Can I legally challenge the costs on my bill or is it too late now that it has been determined by the court?

 

Any help would be so gratefully appreciated

[I've got no money]

Hi, I'm new here so hope I've posted this in the right place! I wonder if anybody could kindly help me with this.

 

In 2006 my solicitor sent me his final bill for Legal Aid costs covering my divorce. This amounted to £4,392.38 which at the time I thought was extortionate but because my ex had made "everything" so very difficult I wasn't in the right frame of mind to question it and didn't know the average legal costs of a divorce.

 

I signed it, sent it back and it was then sent to court for approval. I didn't hear any more. I never questioned my solicitor after that as the cost would have to be a Statutory Charge put on my property (of which I was hoping to have got away with!).

 

I have recently (3 years later) been contacted by Legal Aid questioning my ongoing certificate. It turns out that my solicitor didn't arrange for a Discharge Form to finalise his work on my case and my solicitor has now left the company.

 

The solicitor handling the case now, has asked me to either pay the bill or complete the Form CLSAdmin1 to proceed with Property Charge.

 

My main question amongst many is - Can I legally challenge the costs on my bill or is it too late now that it has been determined by the court?

 

Any help would be so gratefully appreciated

 

This is quite a technical question - I'm not sure if anyone on CAG will be able to give you a definitive answer

 

Can I just check - I presume that the Court conducted an assessment of the bill - did they reduce it???

 

My gut instinct is that it is probably too late to challenge it now BUT I could be wrong - I don't know if anyone else has any thoughts...

[dmga01]

Thanks for your reply anyway.

 

With regards to your question, I also, am presuming that the Court conducted an assessment of the bill - because that's what "I've been told"! So in as far as them reducing it, I assume NOT as I'm still quoted the same figure.

 

I've received no further notification since signing the original solicitors bill. I don't know if I would/should have received a copy at least, of a bill with some sort of Court stamp.

 

It's one of the questions that will be on my "list of things" to query when I write back to solicitor, eventually.

 

In the meantime I have approached the Legal Complaints Service - don't really know how I will stand with that and whose side they generally fall on! Oh wow what have I got myself into!!

 

Trouble is, I have now unfortunately learned that this is an ongoing problem and solicitors quite often say "there will be nothing to pay", and then we find that because we 'gained the house', there are charges relating to Legal Aid - which is a loan - being added to the house and if 'they' can get it back off you 'they' will. Plus 8% per year whilst they "ever so kindly" wait for it!!!!

 

This is another successful [problem] run by solicitors because they get paid even if they 'cock up'.

 

Also see :-

http://www.imo.1free.ws/legalaid.htm found via this site

www.ljpr.info

 

I have been doing my "homework" just wish I had done it sooner!!!

[I've got no money]

I have to say that there used be more complaints to the Law Society, then the OSS and now to the SRA about the statutory charge than any other area of work.

 

There are fairly detailed obligations on the Solicitor, especially in family cases - where it almost always arises, to explain it.

 

If they haven't then they will end having their costs disallowed