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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Message from solicitor: • At 9.20am, you first spoke to

Resolved Question:

Message from solicitor:
• At 9.20am, you first spoke to Natalie regarding the purchase of 131 Putney Bridge Road. Natalie’s telephone note confirms that you discussed the background to the transaction and Natalie also provided an outline of the fees which would be payable.
•Natalie then followed up the conversation by email sent at 10.05 which clearly set out the parameters of the work required and again confirmed the fees should you wish to proceed. In this email Natalie confirmed that should you wish to proceed, she would need to know before 12pm in order to be able to prepare the report. Natalie also comments on the tight timescales, given that the auction was the following day.
• At 11.13am you sent a further email to Natalie requesting confirmation of the costs which would be payable now and those which would be subsequently payable. Natalie then called you at 11.20am to confirm that £1,200.00 plus VAT would be payable now and a further £1,000.00 plus VAT would be payable on completion. Natalie’s telephone note confirms that the fees were agreed and that your ID would follow shortly by email.
• At 11.30am and 11.34am you proceeded to send Natalie two emails which contained all of the documents she required in order to complete the Legal Report.
• At 12.02pm, Natalie sent a further email to confirm that all documents had been received and that she would proceed to prepare a formal Terms of Engagement letter which would be forwarded to you shortly. Natalie also confirmed that she would provide our client account details for the payment of £1,200.00 plus VAT which would be payable in advance. Natalie also reminded you that should you have any additional questions, you could contact her to discuss these. Following such email, you proceeded to send your passport details to Natalie to be forwarded on to her PA so that the online anti-Money Laundering Checks could be completed. Please note that we only complete such online checks once clients have confirmed our fees and we are in the process of setting up the file.• At 13.50pm, Natalie sent the first email to the Seller’s solicitor to raise additional enquiries in respect of the outstanding information which she did not have in order to provide the Legal Report. Natalie also began the Legal Report based on the documents you had provided by email.• The Terms of Engagement was emailed to you at 14.54pm along with details of our client account so that you could make payment of the £1,200.00 plus VAT.• It was then at 15.10pm, that you emailed Natalie to confirm that you had changed your mind. You then proceeded to apologise for messing her around. In response to your email, Natalie confirmed the work which had been undertaken to date on the matter and confirmed that she would agree to stop work as instructed by your email and would raise an invoice in respect of the time already incurred, being £855.00 plus VAT.For the avoidance of doubt, time is first recorded on a matter from the point of first contact with a client. If the client decides not to proceed, as was not the case here, no invoice would ordinarily be raised. On this occasion, a matter/file was opened, Terms of Engagement were sent to you, and a fair amount of work was carried out on the basis that we were instructed to prepare for an auction the following day. There was no opportunity to delay and we did not do so, otherwise you would not have been in a position to bid with knowledge at the auction. It is for all these reasons that an invoice was properly raised in respect of all of the work undertaken.The matter was properly and professionally handled and dealt with on an expedited basis by Natalie at all times. I do not doubt that the Legal Ombudsman would reach the same conclusion also, though it is of course your privilege to raise the matter with him/her should you decide to do so.If you wish to write to the Ombudsman please provide a copy of the letter so that I can notify our Accounts and Recoveries Teams to hold the invoice until the outcome of the enquiry.As a final gesture of goodwill in an effort to avoid this matter remaining contentious, I will again reduce the discount I have already offered. The invoice is for £855 plus VAT and I have offered previously a £100 discount. I will reduce that to a total discount of £255 plus VAT should you be prepared to settle the invoice by return. I really don’t think we can be any fairer than that, and hope that this is an end to the matter.This is an accurate description of events, although they did not set terms in initial call to say time has started and I did not say that I wanted them to proceed. Should I take this to legal ombudsman?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
This is a dispute between myself and Shoosmiths Solicitors. I did not advise them to start and they have sent me an invoice.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, did you sign any terms of business?Did they act for you? If not, did the property go to auction?Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
i did not sign any terms of agreement with them. It did go to auction and I bought it, however I used a different solicitor?
Expert:  Ash replied 1 year ago.
Do you have a number we can chat on?
Customer: replied 1 year ago.
Hi Alex, that was a mistake. I'm on my phone and a pop up came up whilst writing
Expert:  Ash replied 1 year ago.
I see. It may be quicker if I call you. Alex
Customer: replied 1 year ago.
I can't chat unfortunately as I am at work...?
Expert:  Ash replied 1 year ago.
Just to be clear, you NEVER gave them any instructions?
Customer: replied 1 year ago.
Never gave them instruction. I was interested in potentially using them but never told them to proceed. I gave them documents so that when I had the terms of engagement and signed it, they would be ready to proceed.
Customer: replied 1 year ago.
I talked to them about what was required, but never asked them to proceed.
Expert:  Ash replied 1 year ago.
Ok - then you dont need to worry. If you didnt sign any terms NOR gave them any formal instructions then you have nothing to worry about. Just enquiring does not mean there is a contract. There is only a contract if you signed terms of business or asked them to carry out work.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No, that is fine thanks. *****
Expert:  Ash replied 1 year ago.
Happy to help Max. Alex

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