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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8537
Experience:  I have been practising for 30 years.
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Good Morning I have a dispute with the solicitor that dealt

Customer Question

Good Morning
I have a dispute with the solicitor that dealt with my flat purchase. After the completion I was looking into extending the lease but on the 14th October 2015 I emailed my solicitor to say I was looking into the purchase of the freehold and she was to wait until I let her know what is happening, at this point she didn't know who was the Freeholders solicitor.On the 4th November& 10th November 2015 she received 2 letters from different Solicitors she then carried on with 1 solicitor and did not contact me till the 13th November when again I emailed Do not go ahead with the lease extension and she informed the solicitors on the 23rd December when they presended me with a bill. Anyway the point I need advice on is, the freeholder on behalf of the solicitor whom was dealing with the lease extension have sent me a bill for £2281.20 with a ten day notice of court proceedings. I have put my complaint with the Legal Ombudsman against my solicitor, but do not know what to do about the fees, I do not have the money to pay and feel that I should not have to pay as I didn't instruct the work. Do I fight the fees with a solicitor or would it be straight forward enough to fight the case personally? Apologies for the essay Kind Regards
Darren Martin
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.
Can you clarify the facts for me please?The solicitor was initially instructed to do a lease extension and then was told to put it on hold but seem to carry on regardless. The freeholder did lots of work on this and even though it didn’t go ahead, now wants legal costs of £2281. Is that it?If that’s the case, does the lease say about Freeholder being able to charge costs for this?
Customer: replied 7 months ago.
Hi
Yes the facts are correct, the bill consists of, the valuation was instructed on the 9th November 2015 and was carried out on the 10th, also 3.9 hour’s worth of work had been carried out between 10th – 15th November, this totalling £2281.00. All of this after my solicitor was told to stop any thing being done back on 14th October.My Solicitor did say this was a rather extortionate bill for the amount of work carried out. Where do I find the part which says if the lease extension is cancelled who is liable for the fees.
Expert:  F E Smith replied 6 months ago.
It will be in the part in the lease about cost of consents and approvals and applications.. Often it says that you are responsible for the costs of landlord whether consent is granted or notWhat has solicitor said about carrying on with the work in spite of being told not to?
Customer: replied 6 months ago.
hi
Can you tell me if I pay the third parties bill as they are now threatening court proceedings against us, will it affect my claim against my solicitor for negligence as the bill was work carried out after we had told our solicitor not to go ahead with the lease extension ?
Regards
Darren
Customer: replied 6 months ago.
10/05/2016 04:04
hi
Can you tell me if I pay the third parties bill as they are now threatening court proceedings against us, will it affect my claim against my solicitor for negligence as the bill was work carried out after we had told our solicitor not to go ahead with the lease extension ?
Regards
Darren
Customer: replied 6 months ago.
10/05/2016 04:34
10/05/2016 04:04
hi
Can you tell me if I pay the third parties bill as they are now threatening court proceedings against us, will it affect my claim against my solicitor for negligence as the bill was work carried out after we had told our solicitor not to go ahead with the lease extension ?
Regards
Darren
Expert:  F E Smith replied 6 months ago.
You can always pay the bill under duress and mistake on the basis that you don’t think you owed it but were pressured into doing so. You can then sue both solicitor and leaseholder to get the money back

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