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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We entered into a No win no fee agreement with Bhailok Fielding

Resolved Question:

We entered into a No win no fee agreement with Bhailok Fielding Solicitors of Preston to recover care home fees for my uncle from Greenwich Council. As power of attorney I was also having problems over his care assessment with Lewisham Council and in the interim they have paid out to me £22,103.23. The solicitos are now asking me to pay them £14,400 as I have compromised the agreement with them. I am not refusing to pay them 25% of this as was the original agreement but I feel £14,400 is excessive. Can you please advise me as to where I stand with this as they are pressing for this money.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. On what basis are they asking you to pay £14,400?

Customer:

They are saying that I signed an agreement with Lewisham for full and final back payment of all care home fees. I thought that I only signed for the period February to August 2013, They said that this may have stopped them claiming for the full period of Nursing Home care,which may have been up to £150,000, As a result they are claiming much more that the agreed 25% I signed the agreement in all innocence with Lewisham as it was a seperate problem that I took up and not the solicitor.

taratill :

Ok please can you tell me if:

taratill :

a) they have demonstrated you signed this agreement with lewisham?

taratill :

b) The contract you entered into with them was conditional upon you presenting them with full and accurate facts?

Customer:

Ia) I signed the agreement with Lewisham witout the solicitor having any knowledge as I felt this had nothing to do with them,it was a failure of Lewisham regarding my Uncle's healt.

taratill :

So they were not instructed at all to do with the Lewisham care?

Customer:

b) I supplied all the information regarding the full claim to the solicitors and answered all subsequent questions regarding home care fees.

Customer:

No they had nothing to do with Lewisham assessment of my Uncle Health which I challenged. I did not ask the solicitor for any help. I had meetings and paperwork which I did myself.

taratill :

Ok, they can only claim money back from you if you are in some way in breach of your agreement with them as it would need to be based on a breach of contract claim. On the basis of the facts you present they have no contractual basis to claim this sum of money back.

taratill :

If you do refuse to pay then they will have the option of taking you to court to recover the money and they will have to prove to a judge that you owe them the money in breach of contract.

Customer:

They have already informed me that I am in breach of contract. I am not refusing to pay 25% the only disagreement is having to pay nearly 40% of money recovered. They have al;ready told me that they will take me to court for recovery of full amount.

taratill :

I understand that but on the basis of what you have told me they cannot demonstrate that they are entiled to recover 40%. On what basis do they say that that figure is repayable?

Customer:

They wrote to me saying" Our fees in accordance with our agreement with you should we have been successful in obtaining such payment for you would have been £37,000 plus vat,total £45,000 and as a result you are clearly in breach of your agreemnet with us,"

Customer:

They continued" We are fully entitled to withdraw from this matter completely and to pursue you for breach of contract and your retainer with us and the prejudice cauesd by your actions for which we could have received fees of up tp £45,000.

taratill :

I am sorry for the slight delay but have they stated how you are 'clearly in breach of your agreement with us?'

Customer:

TThey said " We however may be prepared to continue acting for you to see whether or not it will be possible to increase the award made but before we can take any further staps on your beghalf we will require payment on account of £12000 plus VAT this results from your breach of retainer .we can pursue our full portential claim against you should we so desire.

Customer:

If you fail to make such payment during the course over the next 7 Days then we will be left with nop alternative but to terminate our retainer and take all appropriate action to enforce our right under the agreemnt entered into between us and for4 the full recovery of all our fees.

taratill :

Ok but have you asked them where in your agreement with them it entitles them to do this?

Customer:

No I have not

taratill :

Ok this is now what you need to do. As I said previously they can only sue you in breach of contract if they can demonstrate a breach and that the contract entitles them to recover the sum of money they are asking for. On the basis of what you have told me the contract says they do not have the right to recover the amount they are demanding.

taratill :

You should therefore ask them to demonstrate how you have 'clearly breached' the contract and on what contractual basis they propse to recover the money if you do not repay it.

taratill :

Until they can prove you are contractually obliged to pay back do not do so.

Customer:

Thank you very much for your help, I will contact the solicitor's and ask them the question

Customer:

Am I able to contact you with their reply and to continue this further??

taratill :

Yes of course. I would be grateful if you would take the time to rate my answer. You will then be able to ask any folllow on questions and request me by name in the future if you need to.

Customer:

Thank you very much I will rate you as excellent and will contact you with their reply.

Customer:

Please let me have your name and how to contact you.

taratill :

Hi I'm Jenny just make sure you put For Jenny only in the title of any question you answer.

taratill :

Many thanks and good luck.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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