How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My solicitor overpaid me when supplying me with my settlement

Resolved Question:

My solicitor overpaid me when supplying me with my settlement figure.

There was no breakdown on my settlement letter it said this is the full & final settlement of your claim.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You said you have contacted the Solicitors - what is it I can help you with today please?

Customer:

Hi Alex,

Alex Watts :

Hello

Customer:

Thanks for taking the time to speak with me

Customer:

I'll explain as briefly as I can

Alex Watts :

Thanks for posting the question

Customer:

After a road traffic collision dating back to April 2010 I won a court case against a third party.

Alex Watts :

Ok

Customer:

My solicitor over paid me & provided me with a settlement figure greater than I was intended, this was not to my knowledge

Alex Watts :

How much was the overpayment please?

Customer:

Full Size Image

Alex Watts :

Ok - got that letter yes

Customer:

They said I was owed approx £1400 for injury plus £300

Customer:

excess

Alex Watts :

Ok.

Alex Watts :

When you have written to the Solicitors what have they said?

Customer:

£1300 was supposed to go to elephant insurance

Customer:

& £680 to hire car company

Alex Watts :

When you have written to the Solicitors what have they said?

Customer:

but they were sent a one lump sum cheque from third party insurer then they forwarded this amount onto myself

Customer:

hold I will send file

Alex Watts :

Were you at Court when the Judge gave the award please?

Customer:

Yes

Alex Watts :

Ok - so did you not realise you were overpaid?

Alex Watts :

Have you spent the overpayment please?

Customer:

but the figures I do not recall

Customer:

I spent the over payment, on putting towards a new car... then a few months went by & elephant contacted me

Customer:

I had to take out a credit card to pay them the £1300 approx back as I was scared that I had spent someone else's money

Alex Watts :

Ok

Alex Watts :

The next step is to complain to:

Customer:

but in hind sight acsl solicitors cause this problem

Alex Watts :

Legal Ombudsman

Customer:

I have complained to them

Alex Watts :

They are independent and can examine your complaint for free

Customer:

o.k

Alex Watts :

Their website is: http://www.legalombudsman.org.uk/

Alex Watts :

Then the next step after that is to complain to the regulator

Alex Watts :

They are the Solicitors Regulation Authority

Alex Watts :

They can also investigate

Alex Watts :

Their website is; www.sra.org.uk

Alex Watts :

They can see if there have been any breaches of the Solicitor rules

Alex Watts :

Sadly I think you do have to pay it, as you had money you were not entitled to

Alex Watts :

But I think the SRA may suggest the Solicitors may more than the £150 offered

Alex Watts :

But do that and hopefully it should resolve the matter

Customer:

also the hire car company is still unpaid & are chasing their money, which I have told them to wait until I have consulted with ACSL

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Ok.

Alex Watts :

Can I clarify anything else for you?

Customer:

Will the hire car company wait if I tell them I have made a complaint to the legal ombudsmen

Customer:

about ACSL

Alex Watts :

I can't say - if you have it confirmed in writing receipt about your complaint with the Ombudsman and SRA they amy

Alex Watts :

* may *

Customer:

My issue is with the solicitors

Alex Watts :

Of course.

Alex Watts :

Which is why you should go to the Ombudsman and then the SRA

Customer:

but if I pay the hire car company I will be omitting liability... right?!

Alex Watts :

No, you could pay it without admission of liability

Customer:

o.k

Alex Watts :

Does this answer your question today or can I help further?

Customer:

Thanks you for your time...

Alex Watts :

Happy to help

Alex Watts :

If I could invite you to rate my answer, if the system wont let you, please let me know

Alex Watts :

If you need more help please click reply.

Customer:

yes you have answered my questions Alex :)

Customer:

Will do

Alex Watts :

Thank you, XXXXX XXXXX a pleasure

Customer:

Sure.. no problem, anytime!

Ash and other Law Specialists are ready to help you