Solicitors charges for probate - 7 years late

[Lady Lou]

Hi.

 

Last September my mother received a bill from the solicitors firm that dealt with my father's probate which caused her alot of anxiety (she is 78 and my father passed away in 2005). The original partner who did the work is now also deceased.

 

I have tried to communicate with them on her behalf (the bill is dated 2012 and none of the work is dated) but their response has been to threaten her with court action.

 

She can't remember any details of what was paid and when and none of the information provided answers the questions.

 

Just a thought, but does the statute of limitations apply to these cases? I'm completely lost so would welcome any advice.

[citizenB]

That seems an awful long time, I would have said sloppy administration in the first instance. However, I will try and find someone who can help.

[Conniff]

Yes, which means that he can't get the courts to enforce collection just keep asking for it.

 

Here is a nice round up

 

http://en.wikipedia.org/wiki/Limitation_Act_1980

Edited February 16, 2013 by Conniff

[BRIGADIER2JCS]

It is statute barred,write and tell the so, and as they must be aware of the status of the debt report this to the SRA.

[cerberusalert]

The statute of limitation as such for a business to be able to claim a debt owing is 6 years from when the product / service was sold / supplied.

[BankFodder]

I'm afraid that it is probably not statute barred. Time only starts to run from the time that payment became due.

If they did not invoice for the work until now - then time only runs from now.

 

It is entirely unacceptable, of course - and I would begin by making a complaint to the Solicitors Regulation Authority - http://www.sra.org.uk/solicitors/handbook/code/content.page

and also to the legal Ombudsman - http://www.legalombudsman.org.uk/

 

Tell the firm that you are doing this and tell them to stop contacting you about this until decisions have been made.

What firm is it? We may as well all know

[BankFodder]

The statute of limitation as such for a business to be able to claim a debt owing is 6 years from when the product / service was sold / supplied.

 

This may be correct. I didn't know. Can you supply a source link please

[BankFodder]

Whatever the rules turn out to be - make the complaints I have suggested above - do it immediately

[citizenB]

LadyLou, this account is statute barred, as you can see from comments in previous posts.. a company has 6 years in which to be able to claim monies they say is owing.

 

There is a SB letter in the CAG library, linked below. It will however have to be amended to suit your situation.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

You need to leave all the references to the limitations act and probably say something along the lines of..

 

 

I am in receipt of your letter dated ???

 

Mention that you are aware of the statute of limitations and that this account is now statute barred. If they continue to pursue then you will be reporting them to the Solicitor's Regulatory Authority (SRA)

 

That you find their statement that they will pursue court action disingenous - as solicitors they should be aware of the limitation act.

 

They CANNOT issue a claim on this so please dont let their threat of legal action worry either you or your Mother.

 

If you want to download the draft letter, amend it and then pop it back here for us to proof read for you, that will be ok

 

 

 

[citizenB]

BF.. doesnt this apply..

 

SB debts - Swansea City Council.pdf

[citizenB]

LadyLou.. it would appear there might be some doubt..

 

Do you know when probate was completed ?

[Lady Lou]

Wow!! Thank you all so much, I feel much better now, although I think I will struggle to explain it to my mother. (I turn to CAG for help whereas she tends to go to the CAB office that she used to run about 25 years ago!)

 

The proceeds from my father's estate were shared out way back, in fact in one of the solicitor's letters following the bill received last year says that they have enclosed "An engrossment of the Deed of Appointment. I have left the date of this blank because I think it would be a good idea to backdate it to when the gifts were actually made".

 

We have no proof of dates other than the sadly obvious one.

[cerberusalert]

This may be correct. I didn't know. Can you supply a source link please

 

If they 'allowed' credit for more than 1 year they entered into a controlled agreement by default vis a vee Dimond v Lovell.???

 

http://www.publications.parliament.uk/pa/ld199900/ldjudgmt/jd000511/dimond-1.htm

[BRIGADIER2JCS]

SB no doubt, the client also cannot be held responsible for the firms inefficency, but my guess is an ealier invoice was sent and not paid.

[Lady Lou]

My mother couldn't remember if she ever received a bill, but if she had then she would have paid it (not sure if she has bank statements going back that far). Also, after I became involved, they sent a letter saying "Mr **** did prepare a bill for the winding up of the estate some time ago but it has never been sent".

[Lady Lou]

So they enclosed "a breakdown of the bill that was prepared by the Costs Draftsman at the time" but this is just a list with no dates.

[BRIGADIER2JCS]

Tough imo, 7 years after the event no judge would allow a claim, perhaps a ''new broom'' has joined the firm and is looking for funds.

[Lady Lou]

Brig - that was exactly my take on it and a nasty new broom too.

 

It wasn't a complicated probate either, so would assume that they couldn't say that it had taken years to complete!

[BRIGADIER2JCS]

Hi Lou, My personal opinion is that if the account was not rendered 7 years ago the they have no right to invoice it now, and their claim should be rejected.

[ericsbrother]

Was probate granted? Dead people pay their own costs so if probate was granted and the solicitor was the executor they should have whacked in their claim before the division of the assets. If they were instructed after the death then statute barred seens likely unless it took an awfully long time to get probate granted and therefore wouldnt bill until the money was made available. Could be awkward for the firm, even if the invoice is not statute barred if the deceased lawyer was a partner or sole proprietor and his will has been granted probate as the debt wouldnt exist for that reason.