Jump to content


  • Tweets

  • Posts

    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
  • Our picks

h8them

Verbal Agreement with Solicitor Broken

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3642 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Thread created for zangi

 

I am not sure where to go and how to seek help from this forum.

I am having legal battle/ court proceedings against a solicitor, whom I asked for a cse with the verbal agreement of £15K in total, which I paid, but he has produced a cost bill of £ 45K, which was never agreed, but he is pressurising me. He has filed a claim to the court.

What should I do and what are my rights.

An advice will be appreciated. I have not not even signed the client care form. I never signed or agreed on this , but he says he has written so many letters etc etc


"People need dramatic examples to shake them out of apathy, and I can't do that as Bruce Wayne. As a man, I'm flesh and blood. I can be ignored, I can be destroyed. But as a symbol … as a symbol, I can be incorruptible. I can be everlasting"

 

- Batman Begins

 

 

Share this post


Link to post
Share on other sites

Has the Solicitor issued the summons and how far has that got you can ask the court for costs to be assessed has he given you an itermised bill

Share this post


Link to post
Share on other sites
Has the Solicitor issued the summons and how far has that got you can ask the court for costs to be assessed has he given you an itermised bill

 

Thanks for the advice.

No summons from the court, but the solicitor /claimant has sent an itemised exaggerated bill. He has said he wrote 31 letters. The fact is that each letter , he sent 3 or 4 drafts. again there was no agreement on the costs. He sent me the client care form, which I never signed, though it was verbal agreement. Do you feel that I have any standing on that grounds. What is my legal position. Once I reminded him by e mail of his committment of £15K and told i cannot pay any more, still he kept on doing on my behalf and created a further bill making a total of £45K, in a matter of just 2 months, for 2 small hearings.

Please advise me

Share this post


Link to post
Share on other sites

Thanks for the advice.

No summons from the court, but the solicitor /claimant has sent an itemised exaggerated bill. He has said he wrote 31 letters. The fact is that each letter , he sent 3 or 4 drafts. again there was no agreement on the costs. He sent me the client care form, which I never signed, though it was verbal agreement. Do you feel that I have any standing on that grounds. What is my legal position. Once I reminded him by e mail of his committment of £15K and told i cannot pay any more, still he kept on doing on my behalf and created a further bill making a total of £45K, in a matter of just 2 months, for 2 small hearings.

Please advise me

Share this post


Link to post
Share on other sites

Yes he has produced an itemised bill, trying to justify his fee of £45K, though all crap.....

Share this post


Link to post
Share on other sites

If you didn't sign the client care letter then he has a problem as he shouldn't have acted without it as it forms the basis of your contract with him. If you have copy of the email in which you reminded him not to exceed the agreed fees then I don't think he has much of a case.

 

I suggest you report your concerns to the SRA (Solicitors Regulatory Authority) BEFORE he attempts to get you into court. Also mention you haven't signed a client care letter the SRA won't be impressed

Share this post


Link to post
Share on other sites

yes you have 6 months from when you discovered the bill to go to SRA you can down load everything you want so get on to it

Share this post


Link to post
Share on other sites

Thanks a lot for the advice. Yes I approached SRA, but they refrred the case to Legal complaints service, but they are not helpful. They have responded that therir role is not assess the fee and the charges. The court has to decide about it and their role is only to check the quality of the service provided by the solicitor. Any how the case is in the court. I have no solicitor, as I have paid all my savings to him(£15K), so I will be defending the case myself. I know that he has no grounds to support it, but he claims that although I have not signed it but I have been sending my e mails and instructing him about the case, this means i agree with him and the fee. it is a fact that verbally he said up to 15K and I have witnesses. What is the validity of unsigned client care form??? There are also many discrepencies in the itemised bill. Should I scrutinise and object the bills details in my statement or should I stick to the fact that I do not believe the bill as it was never agreed??? he had been sending e mails during this period saying that I have asked him to do this and that and I have agreeed on this and that......... etc etc. I never confirmed that or agreed on it. There is no such correpondence from my side to him.

 

Please advise and guide through the process.

What I need to send him in diclosure which I have to do by next week.

Thanks

Share this post


Link to post
Share on other sites

I need further advice please about how to pursue the case.

Thanks a lot for the advice. Yes I approached SRA, but they refrred the case to Legal complaints service, but they are not helpful. They have responded that therir role is not assess the fee and the charges. The court has to decide about it and their role is only to check the quality of the service provided by the solicitor. Any how the case is in the court. I have no solicitor, as I have paid all my savings to him(£15K), so I will be defending the case myself. I know that he has no grounds to support it, but he claims that although I have not signed it but I have been sending my e mails and instructing him about the case, this means i agree with him and the fee. it is a fact that verbally he said up to 15K and I have witnesses. What is the validity of unsigned client care form??? There are also many discrepencies in the itemised bill. Should I scrutinise and object the bills details in my statement or should I stick to the fact that I do not believe the bill as it was never agreed??? he had been sending e mails during this period saying that I have asked him to do this and that and I have agreeed on this and that......... etc etc. I never confirmed that or agreed on it. There is no such correpondence from my side to him.

 

Please advise and guide through the process.

What I need to send him in diclosure which I have to do by next wee

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...