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help - an odd one


caledfwlch
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Not sure if this is the right part of the forum..

 

while going bankrupt, my parents were strongly advised by their solicitor to form a new company with someone else (me) as the MD so that they could keep the pub they leased, the company was formed by the solicitor, who telephoned me, and asked if it was ok to use my name to sort out the company for my parents, to which I said yes. My parents were under the belief that the formation of the company was all included in the solicitors final bill, he certainly gave that impression to them. Now, I am getting Invoices and threats of Legal action for the sum of £300 essentially for the registration of the company, nothing else included. ( I thought it cost about £50 to register one??) They only agreed to him doing it to save a bit of hassle and going online themselves, he just told them it would take him a tiny bit of time in the afternoon to form the company. When I spoke to him on the phone, he never mentioned to me that there would be extra charges for it, let alone directed towards me.

 

So im wondering where I stand? Certainly I have never signed ANYTHING with him, just agreed on phone that he could use my name to help my parents out. My parents also never signed anything with him.

 

Is

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Don't know where you stand on the solicitors charges, as you or your parents did effectively employ him to do the deed in question.....

 

But...

 

I thought it cost about £50 to register one??

 

Try 20 quid if you DIY !

Nil Illigitimus Carborundum

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It is my understanding that either your parents or yyourself should have signed a letter of engagement from your solicitor outling what duties he would be performing for you and an outline (or quotation) of the cost involved. If you did not sign one did your parents? If they did they would probably be liable. If not tell him to sod off and report him to the law society.

Toddle

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For all work that your solicitor does he MUST send you a client care letter. Further all solicitors must give an estimate of their charges for work (if the fee is not fixed - eg conveyancing) at the outset of your instructions and give regular updates of costs estimates.

 

If you have not had a letter from your solicitor setting out the terms of your instructions and informing you of the likely charges the solicitor will not be able to sue you on any bill he has rendered. The judge will kick it straight out in the absence of proper compliance with the requirements set out above and probably send the solicitor away with a flea in his ear.

 

Write a polite letter to the solicitor telling him that you were not under the impression that he would make any additional charge for this work, nor that you were to be his client, that you have not received any client care letter or terms of business and that you will not be paying his bill. Tell him that if he continues to pursue you for the bill you will comlain to the Consumer Complaints Department of the Law Society. This department has the power to call for the solicitor's file and where he has not followed correct procedures to disallow his bill and even to order that he pays you compensation for inadequate professional service.

 

The solicitor will almost certainly drop it. Hope this helps.

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Can any mods merge this with the other? it looks like i accidently created 2!

 

 

the only contact I had with the solicitor is literally a 2 minute phonecall, where he asked if it was ok to use my name to form a company for my parents, to which I said yes, and pointed out that I would be unable to open a business bank account which he requested due to having such an appalling credit record, that my own bank wouldnt even upgrade my basic account, and I told him I wasnt even sure I would be able to go on as director since my rating was so bad.. no mention at all of any charges, nothing signed by me or my parents. next contact was a bit of a rough A4 inkjet printout which is a certification of incorporation of a private ltd company, surely the government can afford laser printers at the least? and the solicitors compliment slip, followed over a month later by an invoice demanding payment which was a surprise.

 

So the only written contact is a shodily printed certificate and compliment slip and an equally poorly printed invoice.

 

No client care letters, no estimates for work carried out, not even any permission from me for him to be my solicitor. On the phone the impression given to me was, he just needed to use my name and my parents where his clients, not that he was now "working for me" I certainly would not have agreed to my name being used if any extra charges had been mentioned.

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A genuine certificate of incorporation is on pretty heavy grade paper, almost card like. It will look like a certificate is usually believed to look like by most people, but without any fancy edges or borders.

All my genuine certs are on cream coloured paper, sorry but I can't give you any more info about them as they are at home in Wales, but it does sound like he's just sent you a photocopy.

Nil Illigitimus Carborundum

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