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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I am currently in process of a motorcycle accident claim and

Customer Question

I am currently in process of a motorcycle accident claim and am very confused and unhappy! I have been paid out for my bike and just waiting for personal injury and destroyed belongings, I have been offered £3900 which I thought was good but I have now been told that I have to pay a 25% success fee to the solicitors! This has all gone through my insurance company. I pay my insurance, the solicitor company get paid from the 3rd party as liability has already been accepted by the third party. I don't see why I should have to give them more, and out of my compensation.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
I have had an accident in the past and have never had to have a success fee taken from my compensation. I dont understand why they should take this. They have been paid their fee and they take a bonus basically from my compensation.
Expert:  Jo C. replied 2 years ago.
Did they advise you about this when you initially instructed them? It would have been contained in the very first letter that they sent you.
Before the recent reforms, they would not have been allowed to charge this and it would have been paid by the insurance company. But recent changes have made any success fee payable by a claimant.
However unless they advised you about it when you first instructed them and you agreed to that payment by signing the letter they sent you, they cannot charge it.
You need to look at that initial letter to see whether they said they were going to charge an extra 25% in the event that they were successful.
You are correct when you say that they've been paid for doing the job and there is no reason why they should get another 25% as a bonus. Unfortunately, they are the current rules.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
It explains it in the terms and conditions but I spoke to one of the solicitors on the phone several times about it, I told her I didn't really understand everything and for her to clarify and she didn't say anything about a success fee. Also when I spoke to them about court proceeding which they wanted me to go for I asked several times if I had to pay anything if it went to court and if I would get all of the money offered and she told me yes.
Obviously because of this I am very annoyed and confused at why they said one thing and doing something else.
Expert:  Jo C. replied 2 years ago.

Thank you. If it isn’t in the paperwork which they sent to you and which you signed then they cannot charge it, it’s as simple as that. If they deduct it from your money received from the insurance company, and it wasn’t in the agreement you signed with the solicitor, then make a complaint to the firm’s Complaints Partner and if that doesn’t work, make a complaint to the Legal Ombudsman.

It must be clearly stated that they will take 25% a a success fee otherwise they cannot take it