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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father (aged 90) owns a small plot of land which was

Customer Question

Hi. My father (aged 90) owns a small plot of land which was purchased a couple of years ago. It was agreed with the seller that as part of the sale a perimeter fence would be erected. The field surrounding the plot is on a 20 year lease to a fruit farmer and it was further agreed with him that we would pay a total of £1980 (inc VAT) for the fence. An invoice was sent to us in October for payment. Due to financial difficulties the invoice was paid in instalments but due to an oversight, the last 2 payments were not made until I intervened and paid them off. Mail was sent to the plot of land, but it is not lived on and the post box only sporadically emptied. In the interim a County Court judgement was issued via their Solicitors LKNY Law in Hammersmith London. The Court was notified that the debt had been satisfied which has been confirmed by LKNY, however they are claiming £545.96 in ‘fees & charges’. How on earth can F&C’s represent 25% of the debt?! My father certainly does not have the resources to pay and it seems a scandalous amount of money for sending one letter and issuing a CC summons.
Where do we stand?
Brian
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much was outstanding?
Customer: replied 9 months ago.

At the time of the summons about £485

Customer: replied 9 months ago.

My father had made 3 payments of £500 and I paid the last one of £480

Expert:  Clare replied 9 months ago.
For clarity - how much was the summons for?
Customer: replied 9 months ago.

I don't have it to hand, but I think about a £1000, but as said, another £500 had already been paid, so I'm not sure if that £1000 was also made up of their fees. We do not mind paying a "fair and reasonable" charge, but in reality their £500 fee might be for just the £500 outstanding which then represents 100% in charges; doesn't it?

Expert:  Clare replied 9 months ago.
On what basis then are they trying to claim these extra fees?
Customer: replied 9 months ago.

It doesn't specify, but some of them (I would think) are Court fees. I went offline between your last 2 replies as I thought you'd packed up for the night!

Customer: replied 9 months ago.

Still awaiting a reply please.......

Expert:  Clare replied 9 months ago.
My profound apologies for the delay.All that they claim should have been set out on the Summons that was sent - including Court fees interest etc.All of them will be standard charges - and they cannot claim for anything else at all.If the fees are not shown on the summons then they cannot be claimed.Equally I am afraid that if they are the ones set out one the Summons then they do indeed have to be paid - however excessive they seemPlease ask if you need further detailsClare

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