solicitor acting under CFA want £2000

[Honey1932]

Earlier in the year I put a UCA claim through a CMC, it was audited with breaches then allocated to a solicitor. The loan agreement had an outstanding balance of £10,000 plus a large single sum of ppi. Initially the solicitor said I had a good case, so I signed a Conditional Fee Agreement (no win no fee) but little did I realise he had his eye on the juicy ppi. The Lender would not accept that the agreement was unenforceable but admitted the ppi was missold and sent me a cheque for the ppi made payable to me. Solicitor said I should just accept the refund, forget the UCA and pay him 25% + vat of the ppi refund .

 

I said no, because the claim was a UCA claim, so they pursued Nat West on unenforceability without success. I was also told I couldn't cash the cheque because it would make me liable for all their costs.

 

I waited patiently a futher 6 months whilst hey tried to settle with Nat West paying their costs but NW refused, so now they want me to pay a large part of them.

 

The cheque expired so I asked sol to let it run its course, but I will have paid the loan off in full by the time it gets to court. The sol is now saying that due to recent test cases , I have very little chance of success so I should just accept the refund, cut our losses and pay up.

 

I was never advised that this was a possibility, I paid £295 on the pretext of nothing else to pay. Had I just wanted a ppi claim I could have paid £10 and agreed a back end fee of 20% payable to the solicitor or easily have got the refund myself without having to instruct a solicitor..

 

I didn't get what I initially asked for, so am I liable to pay them £2000 partial costs from the ppi or should I ask my Lender for a new cheque and cash it? Would a Judge view that I had won without costs, broken the terms of my CFA and expect me to pay.

 

I know this is effectively a DIY site and believe me I have tried myself to settle other unenforceable credit cards, but I note on other threads many of us have been beguiled by the CMC's magic solution.

[Sparkie1723]

HI Honey1932

 

Quote fornm your post

 

"The cheque expired so I asked sol to let it run its course, but I will have paid the loan off in full by the time it gets to court. The sol is now saying that due to recent test cases , I have very little chance of success so I should just accept the refund, cut our losses and pay up."

 

 

 

Banks will usually reject cheques that are more than six months old but, in fact, it's at their discretion. They can choose to cash it if they want to so don't assume that if you wrote a cheque to someone over six months ago that you're off the hook from paying it! Cheques actually remain legally valid for six years - yes, I did say six years - and the only way to cancel a cheque is to ask for a 'stop' to be placed on it. However, cheques backed by a cheque guarantee card cannot be stopped.

 

 

Being as it is a Bank Cheque the Nat West MUST inform you in writing that it is no longer valid until they do its still valid

 

sparkie

[Honey1932]

Thanks Sparkie

 

Sorry if I haven't explained myself very well, to be honest, I have already spoken with the bank and they said they will issue a new cheque, once they have checked it hasn't been cashed so that is not really a problem.

 

My main concern is being liable for Thousands of pounds if I get sued for breaking the terms of the sol's CFA. Even though according to another poster on another thread, the majority of solicitors handling these cmc claims are 4th rate lawyers who don't understand how to make a proper claim.

 

Honey

[Sparkie1723]

HI Honey,

 

That being the case you can protect yourself against this solicitor with the solicitors code of conduct...and the Unfair Relationship section 140 of the CCA.

 

sparkie

[Honey1932]

I didn't know that, thank you so much, it may throw a whole new light on things. I just want the sol to go away, we can't go any further with this case. I will need to look at the above act.

 

Honey

[Honey1932]

Thanks for that, it might throw a whole new light on things, will look into it tomorrow. How do I access solicitors code of conduct, do I have to contact the Sol Regulation Authority?

 

Honey

Edited February 1, 2010 by Honey1932
post by mistake

[Honey1932]

Hi Sparkie

 

I received a new cheque today from my Lender. Will the above acts still protect me if I cash it.?

 

Many Thanks

Honey

[Sparkie1723]

Hi Sparkie

 

I received a new cheque today from my Lender. Will the above acts still protect me if I cash it.?

 

Many Thanks

Honey

 

Hi Honey,

 

You can get the code of conduct here.

www.sra.org.uk/rules/

 

Personally I would cash the cheque ...but get other opinions as well don't just take my view as it is a personal view and not direct advice.............. it is only what I would do in your position.............and wait to see what the solicitor does ......in the meantime make a complaint to the legal complaints service.

 

www.legalcomplaints.org.uk/

 

sparkie

[Honey1932]

Thanks for that, The guy from the CMC has said he would cash it also, so I am beginning to feel more confident and will fight it all the way.

 

Thanks also for the links. I imagine once the sol finds out he will invoice me and try to claim through the small claims court.

 

Honey