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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24616
Experience:  Senior Partner at Berkson Wallace
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I have spoke to someone on Monday asking for advice, I have

Customer Question

Hi I have spoke to someone on Monday asking for advice, I have a no win no fee clame going on, I had a call from my solicitor saying the other side have made an out of court offer of just under £67000, but are now telling me I have to pay there hole fee of over £13000, they are saying they have rejected the amount so I have some money, and it saying I will get £9.000 out of the £67000, when they took me on it was on a no win no fee and I was told they take 25/30% of any money offered or court ordered, but this is 86% not 25/30%> I have ask them to send me all the info, and the guy I spoke to said to get it and get back in touch once I have received it.
JA: Where are you? It matters because laws vary by location.
Customer: Bristol uk
JA: What steps have you taken so far?
Customer: I have asked the to send me my no win no fee agreement and the email of the offer, can I attach them here for you to look over? As I don't understand how they can do this?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  Stuart J replied 14 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Did they ask you if you wanted to accept this amount before they said no?

and what was the fee 25% or 30%?

are they charging a 'success fee'?

Customer: replied 14 days ago.
The offer was made, they called me and basically said I had to take it or I would be liable for a lot of money, and she said out of that amount I'd only get £9000, when they took me on, it was on a no win no fee basis, and they told me there fee is 25 or 30% of what ever is offered or awarded. But that's not what they are saying now.
Expert:  Stuart J replied 14 days ago.

You need to look at the client care/terms of business letter which they sent at outset.  That will detail exactly what they are saying.

You now need to put in writing, that you want a detailed breakdown of everything they are saying that you are going to get an detailed breakdown of their costs AND you want to see the correspondence whereby they told you that these costs were going to be payable.

If that’s not forthcoming or you don’t agree with it, then make a complaint to the Solicitors Regulation Authority and the Legal Ombudsman after making a written complaint to the solicitors and that not bearing fruit.

Customer: replied 14 days ago.
Hi sorry I got an urgent call and had to rush to my little ones school. I do a couple of emails they sent me, I can put them on here and see if you can make any sense of it as I don't understand any of it?
Customer: replied 14 days ago.
Have you received my last message? And the attached documents?
Expert:  Stuart J replied 14 days ago.

The offer of 1 September is 66,000 including your solicitors costs.

Hence, your solicitors costs will be deducted from the claim and you would get the balance.

So it depends how much time and correspondence et cetera et cetera has been spent by your solicitor in dealing with this.

That then arises the subject of proportionality as to whether its reasonable to spend GBP57,000 in legal costs which taken from the GBP66,000 on offer would only leave you with GBP9000.

There appears to be a letter from your solicitors to you, dated the day before, 31st of August, where they confirm that they have taken the matter to court and presumably the Defendants are defending although the Defendant does say in their letter of 1 September that if you don’t accept the 66,000, they will go to court.

You may get more or less in court but you would normally get all your costs back in addition.

It’s a risk.

In your solicitors earlier letter of 10 May, they just warning you that you have to make truthful statements.

In their letter of 9 September, they say that they have sent you a copy of the original terms and conditions and the Conditional Fee Agreement.  I don’t have those terms and conditions and I don’t have that fee agreement.

.

Customer: replied 14 days ago.
Hi it's been over an hour and I've had no reply back yet? It says you will get back to me within 8 minutes, but it's been over an hour
Expert:  Stuart J replied 13 days ago.

I’m sorry I don’t understand.  You had a lengthy reply at 6:19 PM and you were waiting for nothing after that but I have still not had the terms and conditions or conditional fee agreement