D&G No Win No Fee PI Claim solicitors have sent me a bill

[innocentdevil]

Hi,

Wonder someone can give me advice.

 

I was a passenger in a car that was involved in an accident last year Jan.

I went through a NO WIN NO FEE solicitors and the case has been on going for a long time till Nov 2011, they sent me a letter saying that they think the other party has some vital information and that they think, i might lose the case. They also then went on mentioning that if I wanted to go ahead, then it would be chargeable at their rates and that if they didn't hear anything back from me they will close the case.

I sent them an email back saying that because they aren't fighting my case on NO WIN NO FEE base any more, I do not want to pay the fees and would like for them to close my case with them and I will go with some other firm.

 

had a letter from them today with a bill to be paid within 28 days. advice please?

 

I have got letters from them which clearly said, it is a NO WIN NO FEE so how come they are wanting to charge me now.

 

It says in their bill, they are charging me for 18 letters, 5 phone calls, and 4 hours @ 150 per hour.

 

really need some quick advice.

 

I previously had a motorbike accident in 2008 and it was fought exactly in a same manner which i lost but i was never charged anything.

[42man]

They are either going to go bust soon or be closed by the MOJ....this seems very desparate. Who is the company ?

 

 

Dear Sir.

 

I am in receipt of your letter dated XXXXXX

 

For the record, I sent you an email on XXXXX stating that I did not want to pay anything whatsoever, I was also under the clear impression that your company were offering a NO WIN, NO FEE service, If I had at any stage known that you were attempting to mislead me into paying, then I would not have progressed at any stage, I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 

I will not be making any payment whatsoever, if you continue to harrass me then I will take the matter to the FOS/MOJ/OFT/SRA etc etc

 

I trust this makes my position completely clear

[42man]

Send it recorded delivery.....

[Ganymede]

If you were a passenger in a car how could you possible lose your claim? Is there any more to this?

 

Have you actually spoken to your solicitor? I suspect you have the bill as you said you were going to change to a new firm of solicitors. Any new firm will need to preserve a lein over your old solicitors costs and undertake pay them.

 

Have you found a new firm yet? Plenty on Google such as Injury Lawyers for You, First Personal Injury and national accident helpline etc etc.

[innocentdevil]

thanks for the replies peeps. No, I haven't had a look around yet for a new firm.

 

The company name is Dunne & Gray

Yes, that is right. I was the passenger (back seat) in the car. A car hit from behind. My friend who was the driver took the details and we went on. Started the legal process. In November 2011, they sent me a letter which clearly stated that they(dunnegray) think that other party has some info(they won't say), which will mean that I lose my claim and in order for them(dunnegray) to proceed, they needed £1500 in my account.

 

I sent them an email saying, because you aren't dealing with a claim on NO WIN NO FEE basis, I do not want to go ahead with you and will go somewhere else.

 

and now this letter which says, they want £1547 off me for disbursements, medical reports, letters sent to me and phone calls (not even one phone call)

 

I would be sending this to them today. Also, would you advise if I call them and ask or should I just send the letter.

 

thanks

[Ganymede]

Ha, I know Dunne & Gray. They are just down the road from my firm!

 

It sounds odd as you can't really lose if you're a passenger, unless there may be an indication of fraud.

 

Anyway, the terms of the CFA ('no win no fee' agreement) you signed will state that if you end the claim before you win or lose then you are responsible for D&Gs basic charges and disbursements.

[cymruambyth]

Surely, can't you counter argue that the agreement has ended because they changed the terms and conditions?

[Ganymede]

I don't think there is anything to worry about, the OP just needs to find a new firm of solicitors and let D&G know who they are.

[innocentdevil]

thats what happened. They changed their terms and conditions from NO WIN NO FEE to charge me going forward.

I did ask them the reason but they only said that the company my original claim went through to them was known to be a bit dodgy and there may be an issue if I go forward hence why they wanted to charge me in going forward.

Regardless to say, I would have gone a head with a claim if they wouldn't have said they would charge me.

I am going to call them to discuss and post up what they have to say.

[innocentdevil]

Update. I have rang them and spoke to a rude woman. Here is my exact conversation with her:

 

Me: I have received 2 letters from you, one saying the case will be closed and second with a bill amount of £1547

Her: Yes thats right

Me: Can you explain why am I being charged?

Her: you broke terms and conditions?

Me: what terms and conditions?

Her: I cannot tell you that.

Me: everything in my case was genuine and honest so I need to know what is the issue.

Her: i can't tell you that but if you are disputing it then write a letter to us and Mr Gray will get back to you about it.

Me: OK will do that then bye.

 

The template letter from 42man is spot on but could you or someone suggest some more changes so that I can send off a letter to them.

 

thanks

[National Debtline]

Hello there, sorry to learn about your situation. You may also wis hto take this up with the Legal Ombudsman:

 

http://www.legalombudsman.org.uk/

 

Hope you can get things sorted,

 

NDL.

[Ganymede]

I bet you it was because you said that you wanted to cancel the claim so that you could go to another firm of solicitors!

[innocentdevil]

Yes, when they sent me the letter in november saying that they want £1500 off me before they go ahead with the claim (either £1500 or cancel) so I sent an email saying that " (exact wordings off my email) as you aren't dealing with my case on NO WIN NO FEE basis, I would like to cancel it and I will be seeking legal advise from someone else" .

[Ganymede]

yeah I'm just saying what has probably got their back up. D&G probably would have just closed your file had you not mentioned using another firm of solicitors.

[innocentdevil]

what does this mean for me. will sending a complaint letter back to them sort them out.

[Ganymede]

Probably. Worth a go at first instance anyway.

I once went for a job interview at D&G, glad I did get it as I've not heard good things about it...

Sorry, I meant "didn't".

 

 

[citizenB]

But isnt the issue that they first decided that they couldnt continue your claim without payment ?

[Guest]

innocent

unfortunately, usually a no win/fee agreement would provide for a sol to end it if they 'believe' that they are 'unlikely' to win. in which case their disbursements may be payable. and an agreement would also provide for it to be ended by the client.

where a client cancels then sol may bill for basic charges as well as disbursements. maybe they wanted you to cancel, 'constructively'!?

check your agreement

but yes, can complain, get the full facts etc.

Edited February 24, 2012 by Ford

[Ganymede]

Yeah seems like they wanted to terminate the CFA due to poor prospects of success which is strange as the OP was a passenger.

 

The OP has hinted at allegations of fraud but hasn't elaborated.

[innocentdevil]

They didn't wanted to go ahead without charging me for the payment and the only option they gave me was either to pay to continue or to cancel it. so I went ahead to cancel it.

I would have continued my claim with them if they would have continued on NO WIN NO FEE basis. so they cancelled it.

The only information they have given me is that they have done their investigations and found out that the company which originally passed my details on to them had been known for fraudulent claims which led them to believe that my claim was same. The company known as CM Solutions doesn't exist anymore so I cannot contact them to find out what information they passed on to D&G on my behalf to put me into this position.

Could someone please put up a template letter for me for help as I am not good with that type of stuff.

Also, if I refuse to pay what are the consequences of it? I am thinking of going to FOS after I send them a letter of complaint.

 

Also, in there letter, it says if I don't pay up within 28 days, interest would be charged

[innocentdevil]

Yes exactly. Could I not argue that they never wanted to continue without me paying for it.

The letter clearly stated if I don't respond or pay for it they will consider it closed.

[Ganymede]

You could ring and demand to speak with a partner?

[innocentdevil]

this is the letter I am planning to post tomorrow.

 

To Whom It May Concern

Dear Sir.

 

I am in receipt of your letter dated XXXXXX

 

I received a letter in November (full date) where it was mentioned that due to the nature of the case, you were not going to deal with the case on a NO WIN NO FEE basis and hence, asked for £1500 before you could continue any further.

It was also stated that if you do not hear back from me within 2 weeks that you would assume the case to be closed.

I sent you an email on XXXXX stating that I did not want to pay anything and to close the case if you were no longer dealing with it under NO WIN NO FEE agreement, which we had.

I was also under the clear impression that your company were offering a NO WIN, NO FEE service, If I had at any stage known that you were attempting to mislead me into paying, then I would not have progressed at any stage.

I also state that had you not started to charge me for my claim, I would have gone ahead with the claim.

I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 

I will not be making any payment whatsoever, if you continue to harrass me then I will take the matter to the FOS/MOJ/OFT/SRA etc etc

 

I trust this makes my position completely clear.

[Ganymede]

Good letter. No need to shout 'no win no fee' all the time though.

 

The FOS have no power over a solicitors firm. You need to complain to SRA and/or legal ombudsman.

[innocentdevil]

thanks mate. below is the final draft i will be posting tomorrow.

Dear Sir.

 I am in receipt of your letter dated 22 Feb 2012.

 I received a letter in 28 November 2011 where it was mentioned that due to the nature of the case, you were not going to deal with the case on a NO WIN NO FEE basis and hence, asked for £1500 before you could continue any further.

It was also stated that if you do not hear back from me within 2 weeks that you would assume the case to be closed.

I sent you an email on 30/11/2011 stating that I did not want to pay anything and to close the case if you were no longer dealing with it under NO WIN NO FEE agreement, which we had.

I strongly believe that my claim has been mishandled.

I was also under the clear impression that your company were offering a NO WIN, NO FEE service, if I had at any stage known that you were attempting to mislead me into paying, and then I would not have progressed at any stage.

As you wanted to charge me for my claim, the only other option you gave me was to abandon it and now you have sent me a massive bill amount.

I believe that your attempts to make me pay are potentially an offence under the Consumer Protection From Unfair Trading Regulations 2008

 I will not be making any payment whatsoever, if you continue to harass me then I will take the matter to the legal ombudsman/MOJ/OFT/SRA.

 I trust this makes my position completely clear.