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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
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    • Check to see if they are adding monthly charges inflating arrears as per DX.
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Clynite

Ex solicitor demanding counsel fees else legal proceedings - advice please

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In brief:

Case lost on no win no fee basis. Concluded Aug 2011.

May 2012, Sol requests counsel`s fees.

 

Sol is aware that, as a result of a court imposed installment order, i am paying over and above my I/E assessment. I explain that there is no disposable income available.

 

I request that the fees be put on hold or written off if posssible. Failing that, I can only offer a £1 a week.

 

I have repeatedly requested counsel`s attendance notes, as i was unhappy with representation. I was repeatedly informed that counsel would not supply them!

 

Two barristers were involved. One made two lenghty court appearances (a), the other (b) a brief appearance at the county court. Yet (a) bill is nearly half that of (b).

 

I had heard nothing until yesterday. I received a letter from sol dated 15/11/12 requesting i set up a direct debit for payment and agree to a Charge Order on my home. I have 14 days to reply, else legal proceedings will ensue.

 

Can anyone offer some advice on how to proceed.

 

Thanks.

Edited by citizenB
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Hi Clynite

 

I assume there was no Order made for their costs or referred to in part of the judgment?

 

Regards

 

Andy


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I would assume it depends on exact wording in your contract. Does seem odd though. To get a charging order they need a judgement

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Hi Andy

 

Hope i haven`t confused the issue. When I lost the case, I had to pay the claimants costs and outstanding monies. That is what the current court order/installment order is for.

 

Post case, my sol is chasing me for counsel fees, that he employed ie the use of two barristers to fight the case.

 

He took the case on a no win no fee basis. but, I am responsible for any fees incurred by Counsel (Barristers).

 

It is these fees that he is chasing. Therefore, no mention of my "own" fees on previous court order.

 

Hope that makes sense.

Thanks

clynite

Edited by citizenB
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Hi westfield

 

They are asking me if i agree to a voluntary charge order to run alongside the direct debit payment schedule. I have 14 days to reposnd to their request.

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Hi Andy

 

Hope i haven`t confused the issue. When I lost the case, I had to pay the claimants costs and outstanding monies. That is what the current court order/installment order is for.

Post case, my sol is chasing me for counsel fees, that he employed ie the use of two barristers to fight the case. He took the case on a no win no fee basis. but, I am responsible for any fees incurred by Counsel (Barristers). It is these fees that he is chasing. Therefore, no mention of my "own" fees on previous court order.

Hope that makes sense.

Thanks

clynite

 

Surely they are payable, you entered into agreement with your solicitor to pay counsel fees and now he wants paying, why do you think you dont owe them ?

 

Andy

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Hi Andy

 

I agree with you. I do owe them. But feel it a little over the top that the sol has stated , that the payments will only be acceptable if i agree to a charge on my property. If my circumstances improve etc I will endeavour to improve on the current offer.

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Hi,

 

What was your claim for? Was it personal injury or PPI?

 

How much are Counsel's fees?

 

Thanks

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http://www.consumeractiongroup.co.uk/forum/showthread.php?210585-Claim-struck-out-can-creditor-make-new-claim-Well-they-have-issued-new-claim.

 

This is the original thread - it is not appropriate to merge them.. however, reading the thread will give people and idea of why Clynite is now unhappy.


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Hi cb

 

Thanks for that, it will assist anyone who is interested.

 

Regards

clynite

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I have just read the whole linked thread and there seems some detail missing. It went from legal rep to two barristers. Are the firm still practising? Anyway it seems harsh that they want you to agree a charge on your house. Surely an arrangement is enough.

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Hi westfield

thanks for your effort ( reading the original thread ), the firm still pracising, i assume. I agree with your comments. Thats why i posted this new thread. I was hoping for some advice, but will move on regardless.

 

thanks for looking in

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Clynite.

 

The "fees" what documentation have they provided ...invoices ? Do you know if they have requested an order for Detailed Assessment.That is the normal channel and costs should be assessed when a Solicitor requests costs from a client.

 

Regards

 

Andy


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No worries. I wasn't being negative. You already have a ccj so if he wants the money that badly he knows what to do.

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Clynite.

 

The "fees" what documentation have they provided ...invoices ? Do you know if they have requested an order for Detailed Assessment.That is the normal channel and costs should be assessed when a Solicitor requests costs from a client.

 

Regards

 

Andy

 

Hi Andy

 

The only documentation I received was, two invoice type docs (both barristers operate from same practice) Stating : professional fees of etc. on headed paper.

 

Heres the rub: barrister (a) spent less than a hour at local county court and has charged £3231, with no explanation of services.

 

barrister (b) itemised as : brief at cc - appeal - 3hrs and hearing 11.30 -3.30 plus 20 mins travel - charged £1800

 

This seems a large discrepancy. Further, I have repeatedly requested each barristers report, to ascertain exactly what they did and why. Sol has yet to provide these reports, stating that he has requested them, but barristers refuse to comply., and that theres nothing he can do!

 

Hope that makes sense.

 

clynite

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Should add to the above comments: that all correspondence has come via my ex sol. I have had no contact with the barristers, other than on the actual court day in question.

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Example

 

County court hearing, listed to last up to half-a-day*

Fee depends on the complexity of the matter, the amount of pre-reading involved and the seniority of counsel. A conference prior to the day of the hearing will incur an additional charge.

£750 to £2,000

 

Clynite what Track was you case allocated to?

 

Andy


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My case was allocated as "fast track". Thanks for the "example"

 

clynite

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Do you know what Grade the Barristers in question were Clynite..it should be itemised on your bill along with VAT?


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No grade listed for barristers. Vat is shown though! Bar registration no. - blank on both bills

Edited by Clynite
forgot detail

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