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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My husband and I have had a court case going on

Customer Question

My husband and I have had a court case going on for nearly 6years, we have used the same solicitor. we won the case and have won costs. it is the costs that seems to be taking time . the solicitor phoned us the middle of DECEMBER to tell us that he has received a cheque for the whole amount. As to date we have not received the monies. I have phoned the solicitor several times to be told He would sort it out the coming weekend . . Why is it taking so long?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that yiur solicitor advised that he has received a settlement cheque for the entire sum including costs please?

Joshua :

Have you agreed the solicitors final fee?

Joshua :

Is the solicitor a sole practitioner or a member of a firm involving other partners?

JACUSTOMER-fbcobff0- :

Thank you for your reply. the solicitor is a member of a firm, and we have not agreed a settlement figure from him as he says he needs to go through his paperwork to see who has to be paid and what amount.By the way can you make sure that I have only paid 38pounds ONCE. as I have had 4 emails saying you have received this monies.

Joshua :

Thanks for the above. Regardig your other questions, I note that you have opened three other questions. I'm sorry if you have had difficulties using the system. I believe you would have been charged for each of these of the three questions but I will ask customer services to deal with these and refund you once we have finished if that is acceptable?

Joshua :

They are normally pretty quick and should confirm back to you within 24 hours or less

JACUSTOMER-fbcobff0- :

I did not answer your question as to has our solicitor rec. a settlement. the answer is yes. we have received the court claim monies . it is the costs that we are still waiting for. out solicitor had has the monies for the full costs since middle of December. and we are still waiting.to be paid out.

Joshua :

Thanks. Much of the costs claimed under a court costs order will be to cover the costs of your solicitor and barrister (if any) together with other out of pocket expenses. Normally therefore most of the costs you receive will be payable to the solicitor and the client would not receive much from the costs other than out of pocket expenses.

Joshua :

A solicitor typically would not pay out a costs cheque to a client only to then raise a bill and ask for it back, but rather would typically raise his bill and pay you any monies associated with your out of pocket expenses for example.

Joshua :

Do you anticipate that any significant part of the costs awarded will be payable to you - e.g to cover out of pocket expenses, such as travel etc?

JACUSTOMER-fbcobff0- :

We expect at least over 20.000 pounds as we have paid out all the barristers fees also all of our solicitors fees.etc. do you think it is typical to take this amount ot time?

Joshua :

Thanks for the explanation.

Joshua :

this being the case, you are quite entitled to reimbursement of those costs you have already incurred. It may well be that there could be a final balancing sun to be paid to your solicitor and if this is the case, your solicitor is entitled to keep your attention to cover such sum but in the circumstances he must still make an interim payment to you and your attention should not be disproportionate to any amount he claims

Joshua :

the first step which I'm sure you have already done this to contact the solicitor to express your frustration at the delay and asking for a commitment as to when to expect at least an interim payment and then final payment following any final assessment of his costs. You could ask him for confirmation within say 2 to 3 working days

Joshua :

if you do not receive a response, you could contact them again expressing disappointment at the lack of any substantive response and that you fear you will have no alternative but to contact the complaints partner in the firm if you do not receive a substantive reply within the timeframe you specify

Joshua :

if you do not receive a response, you can contact the partner in the firm responsible for handling complaints-every firm is required to appoint a complaints officer at partner level. He must investigate your complaint and provide you with a response within the timeframe set out in the complaints procedure of which he must give you a copy. if you are not satisfied with the outcome of his response, you can refer your complaint to the Independent legal ombudsman service without charge though I would be very surprised if you would have the need to go so far as my view would be that the matter will be quickly dealt with once you raise the matter formally as solicitors are bound by extensive solicitors accounts rules in respect of money they hold on your behalf.

Joshua :

Under the solicitors accounts rules, you are entitled to be paid interest on any money they hold in their client account on your behalf.

Joshua :

If you need to contact the legal ombudsman, you can do so using the following link:

Joshua :

http://www.legalombudsman.org.uk/helping-the-public/#making-complaint

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-fbcobff0- :

. which he always saysThank you for your answers. I have just spoken to the solicitor and told him I need it sorted out by next thursday. he said he would try his best

Joshua :

A pleasure. I suspect it is nothing more than pressure of work and it will be a case of the client that shouts the loudest gets priority. you may wish to consider following up your hopefully useful conversation you have just had with an email reminding him what was agreed going on to say that you look forward to his urgent reply failing which you feel at this point you will have to escalate the matter to his complaints partner. This will make it clear to him that your patience has run out and he will not want an easily avoidable complaint to be made as it is a minor black mark potentially against him. You can use any language you feel appropriate and don't have to be confrontational

Joshua :

If it were me if I had just put the matter to the bottom of the pile, if a client made it clear that their patients had run out in the above manner, I would certainly be encouraged to make it my priority to substantively resolve the matter with the client in order to avoid unnecessary escalation which were causing more work and potential disapproval by a partner. In any event solicitors are very tightly regulated and they cannot just keep your money without accounting to you properly for it so the matter will and must be swiftly resolved.

JACUSTOMER-fbcobff0- :

Thanks for your answers. I have just spoken to the solicitor and told him I want an itemised invoice and everything sorted out be next Thursday.He said he would try, this is his normal reply. He knows I am annoyed. also can you make sure I have not been charged four times. as I got four emails from yourselves telling me you have got my money.

Joshua :

Please come back to me if you need any further assistance if you do not get the response you wish hby Thursday. I will be happy to assist further without further charge.

Joshua :

I will ask customer servies to refund the duplicate charges. You should hear from them usually within 24 hours to confirm.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-fbcobff0- :

Thanks Joshua.

Joshua :

A pleasure.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Joshua. I have just phoned our solicitor as we have not had an email or letter with an invoice explaining where the monies have been awarded to. Our solicitor is out of the office this afternoon, so I have spoken to one of the partners of the firm and made a complaint, he said he will get back to me by Monday the latest, as he needs to look into this matter.Do you think I have done the right thing.

Thank you.from mrs m bray. I have used mr brays email address.

Customer: replied 2 years ago.
Expert:  Joshua replied 2 years ago.
Sorry for the delay in reverting to you. I think that is a reasonable course of action. You have given your solicitor sufficient opportunity to perform. Involving a partner is a necessary step at this stage to obtain satisfaction

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