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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just recieved a cheque from Nat West bank sold

Resolved Question:

I have just recieved a cheque from Nat West bank for miss sold account fees. I initially had the claim started bt assist fm, they sent 1 letter to the bank and 2 letters to me. I have not had any first hand contact with the bank. However I have read the paper work I have recieved and no where do assis fm declare exactly what their fees are save no win no fee. Am I legally obliged to contact them and pay them, if so how much %.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you signed any terms and condition with Assist FM?

Customer:

I signed a letter authority to act on my behalf

Alex Watts :

Ok, any terms and conditions?

Customer:

Under terms of engagement it states I/we have read and accept assist fm terms of engagement and give them full authotity to make a claim on my behalf. However there is no such document. I have in my possession a complete claim pack as my husband was going to claim against lloyds

Alex Watts :

Ok - do they set out fees?

Customer:

Under redress/compensation it doesstate that any monies will be paid out promtly less their fee, but coment of what their fee is

Customer:

No

Alex Watts :

Their fee is not set out anywhere?

Customer:

No

Alex Watts :

Ok. They are entitled to a fee for the work done as you have signed terms and conditions.

Alex Watts :

The law states they are entitled to a reasonable fee for reasonable work done.

Alex Watts :

If they have sent 2 letters and 1 to the bank they cant charge more than £100

Alex Watts :

That is a reasonable fee for the work

Customer:

As stupid as it sounds it was the one question I was annoyed with myself for not asking

Alex Watts :

But they would be entitled to some fee, but just for the work done

Alex Watts :

The contract should set out what their fees are, in the absence of that they cant charge more and rip you off

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Yes hindsight is a great thing.

Customer:

You have come up with exactly what I thought. Should I call them or just write a letter with an enclosed cheque

Alex Watts :

I would write a letter.

Alex Watts :

But I would wait until they ask for a sum off you.

Alex Watts :

They may have forgotten!

Customer:

Dout it last letter was giving the bank 8 weeks to respond. But they were very adiment on the phone that if the bank got in touch with me I was to ignore them and contact them immediately

Alex Watts :

Yes indeed.

Alex Watts :

But they have only written 3 letters, so their fee should be limited

Customer:

Yes, well I will bank the cheque and put a portion aside I accept that I owe them something but they could now pop up asking for 50%. Teach me to think it would only amount to about £200 max. Thank you very much for the advice.

Alex Watts :

Can I clarify anything else for you?

Customer:

No I think thats fine thank you

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