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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Due to a change in address I missed correspondence relating

Customer Question

Due to a change in address I missed correspondence relating to a standing order and was ultimately contacted on the 22nd April with a solicitors demand that included legal fees of £175 - I responded 29th April by paying £750 as I had some queries - i received response 2nd May that basically advised that my queries had no grounds and asking for the final payment of £501 within 7 days - I paid this on the 20th May as I was out of the country on business and therefore did not get the original letter of the 2nd until the 9th - they have now advised that I need to pay a further £287 in costs as the payment was late - surely this cannot be right as there letter of the 2nd did not reflect that this is the charge that would be levied?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is this in relation to please?
JACUSTOMER-t2i5bxto- : The original issue related to service charges for a flat I rent - there was a change in management company and that caused the confusion - I am not disputing those charges purely the additional £287 I have been charged when I made the final payment of £501
Alex Watts :

Does the lease allow them to charge costs please?

JACUSTOMER-t2i5bxto- :

I am not sure but certainly the firs letters I received include £175 debt recovery fees - whilst I was not happy about paying those I did do so but cannot see any justification for another £287 when I had clearly started a process of repayments - my understanding of such matters is that charges should not be continued to be levied in the event of the client clearly demonstrating payment

Alex Watts : Do you accept you made the final payment outside the 7 days? When you made partial payment did you advise that you were out if the county please?
JACUSTOMER-t2i5bxto- : I accept that I made the payment outside 7 days and that I had not advised that I was out of country but neither did they advise the charges that would be levied and the extent of those if I was 5 days late
Alex Watts :

Its bad news

Alex Watts :

You are liable for a fee if you failed to tell them that you were out the country and delayed payment

Alex Watts :

What I would suggest is this. Pay the fee to stop more fees

Alex Watts :

Then you can challange it

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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