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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Really need some advice please. 7 years ago I was in

Customer Question

Hi, really need some advice please.
7 years ago I was in a accident, there was 4 people in the car I was a passenger,
We got hit up the rear end, the driver got paid out for the car but me and 2 other people who where also passengers decided to put a claim in.
Well 3 years after the accident the opposition insurance company(royal sun alliance) decided that they was going to fight the case against us by saying we was not even in the car.
To cut a long story short we ended up withdrawing our claim as we did not want the hassle of going to court and having time off work etc... Plus I had just had a little baby so decided to withdraw our claim. So it did not even reach court,,
But last week I received a letter from Royal sun alliance saying I owe £4800 and it needs to be paid within 14 days as these are costs that occurred which I need to pay.
My solicitors are useless they won't get back to me and I need to know if there is anything I can do to waver these fees? Could you help me in what to do next? Thanks *****
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Is this the first time you have been told about costs in relation to this?
Customer: replied 2 years ago.

Hi yes it is, I can't see how it can be that much costs without it even reaching court?

Expert:  Jenny replied 2 years ago.
As I understand it Royal and Sun Alliance were the driver's solicitors not yours? Is this correct
Customer: replied 2 years ago.

It was the opposition drivers insurance company, basically as we withdrew our claim they are saying we occurred costs that need paying

Expert:  Jenny replied 2 years ago.
Were you told this at the time you withdrew? How long ago was this?
Customer: replied 2 years ago.

No our solicitor told us to sign some forms and that would be it, we withdrew th claim around 8-10 months ago now

Expert:  Jenny replied 2 years ago.
Well you really need to speak to your Solicitor if there was a risk you would be liable for fees from the insurance company you should have been advised of this by your solicitor before you withdrew.
If your solicitor is not taking your calls you should ask to speak to the Managing Partner of the firm and explain the situation and that you think that the solicitor has been negligent in failing to inform you if you are liable to pay the fees.
You can ask to see the file of papers to clarify if you were informed of this.
The solicitor should then assist you in dealing with the insurer. If they did not tell you and the fees are due then you can consider bringing a claim against the solicitors insurance.
If the solicitor refuses to engage you can complain about them to the legal services ombudsman. www.legalombudsman.org.uk
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Right so really it looks like I'm going to have to pay these costs that have occurred then? Is there a way round it to have the wavered as nobody has £5000 lying around nowadays do they

Expert:  Jenny replied 2 years ago.
No I haven't said you need to pay the costs.
I have said you need to contact the solicitor who was advising you at the time to ask why you weren't advised of this possibility.
Either they will tell you that when you withdrew it was on the basis you were not pursued for costs (this may be the case) or if this was a risk. In the event it is the latter they will have been negligent in failing to advise you of this and you will be able to sue their insurer in the event of your loss.
Customer: replied 2 years ago.

Thank you, ***** ***** ringing them but they keep putting me off saying they are too busy, I'll call them now and ask for the file papers which we signed as im 10000% they didn't say anything about costs on them.

Expert:  Jenny replied 2 years ago.
Great, ask to speak to the managing partner and say it is about a potential negligence claim. You won't be ignored then!
I would be grateful if you would now take the time to rate my answer as I am not otherwise credited for my time.
Thank you and all the best.
Jenny and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, I told the solicitor what you said and now they have said they are not willing to deal with my case anymore, I don't have a solicitor at all now and I feel like I'm stuck with nobody else that can help. ive spoken to the middleman who is collecting the money on behalf of royal sun alliance and they are refusing to give me a breakdown on how the costs have occurred? They said its gone to far now so payment is now due

Expert:  Jenny replied 2 years ago.
Has the lawyer agreed to give you the file? this belongs to you. I can't understand the lawyers position here.
You need to ask for their internal complaints procedure and contact the legal services ombudsman immediately.
If you have house insurance it might include legal expenses insurance you should contact them.
You should not be treated by your original solicitor like this, you have every right to ask these questions and raise a concern in the circumstances
Customer: replied 2 years ago.

They said I have to get a new solicitor to write to them in person if I want the files. They have been really neglective regarding this case. They are refusing to answer anymore questions as they are not dealing with it now

Expert:  Jenny replied 2 years ago.
I am sorry you are being treated like this. You need to raise a formal complaint. I would also advise you to instruct a new solicitor to advise you both on the debt and on the possibility of raising a professional negligence claim.
Customer: replied 2 years ago.

Do u know what type of solicito I need to ask for?

Expert:  Jenny replied 2 years ago.
a general litigation solicitor. Many high street firms will offer a free initial consultation. I would call around.
Good luck.