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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I require advice on whether my solicitor has followed correct

Customer Question

Hi, I require advice on whether my solicitor has followed correct procedure with regards ***** ***** money for a costs order.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionI shall do my best to help you but I need some further information firstCould you explain the background to your question please
Customer: replied 2 years ago.
Hi Claire,
An order was granted that I pay costs to the father. It took some while for me to gather funds and I eventually managed to pay some money towards the costs order. I paid this money to my solicitor in order for them to transfer. I then received a letter from my solicitor informing me they had agreed a partial payment with the fathers solicitors and they had taken the remaining money I had transferred to go towards their fees which were still outstanding. I now subsequently still owe over half of the original costs order and my solicitor a balance also. As I transferred the monies to my solicitors to be paid to the father and said in my email to them the exact amount towards the costs order can they agree a different interim amount and take the balance for their own fees?
Expert:  Clare replied 2 years ago.
Would your payment have cleared the costs order?
Customer: replied 2 years ago.
No, it was 2 thirds of costs order.
Customer: replied 2 years ago.
Reserved costs of 7k then 16 was agreed. I paid 10. Solicitors took 3. Now I still owe 9 + interest and 8 to solicitors.
Customer: replied 2 years ago.
Solicitors have therefore incurred me additional interest on the costs as well.
Customer: replied 2 years ago.
Sorry for delay Clare, I was in a meeting.
Expert:  Clare replied 2 years ago.
What arrangements had you made regarding paying your solicitors
Customer: replied 2 years ago.
I have advised Solicitors I will pay when I have funds available, unfortunately a business deal I was expecting to go through has ta***** *****er than expected and is still not finalised, hence why I also can't pay final amount of costs order either, I cannot magic money from nowhere. I don't see how they can disregard my instructions, costing me more money in interest, make an interim deal behind my back and take the money for themselves. They have been my solicitors on this case for 6 years, always been paid and had legal aid payments this year. They can't just use money for what they want, can they?
Expert:  Clare replied 2 years ago.
No I agree - do you by any chance have the exact words you used when you sent them the payment?
Customer: replied 2 years ago.
Hi Claire, Sorry for my delay I have been away. The exact words were as followsTo confirm I have transferred £10,000 (ten thousand pounds) to your client account.
To confirm the balance of money will be paid in December. I do not want to give a specific date but I am hoping the first week.My solicitor and I had just had a conversation and I had confirmed I had managed to scrap together 10k so as to avoid enforcement action. At no time did my solicitor advise me he would be taking £3k in lieu of his costs.
Expert:  Clare replied 2 years ago.
However you did not specifically say it was for the other side's costs only?