Paying a money grabbing solicitor

by Readers Question

10:45 AM, 17th June 2014
About 5 years ago

Paying a money grabbing solicitor

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Paying a money grabbing solicitor

Paying a money grabbing solicitorI phoned a solicitor to discuss him advising me about a possible eviction in view of Superstrike, he said he would read my documents for £100 so I sent the documents to him.

He then sent me a letter asking for £350.

I spoke with him and he denied saying £100.

I asked him for the documents back again and said I would pay the postage.

He has sent me another letter asking for “£48 to cover costs to date, further costs and postage.”

He has not read the documents.

What do folks think I should pay him?

I now don’t actually want the documents back – I thought I had sent originals but fortunately I only sent copies.

Thanks

ABABS



Comments

Mark Alexander

10:51 AM, 17th June 2014
About 5 years ago

I suggest an email/letter to the solicitor as follows .....

Dear Sir

Clearly there has been a misunderstanding over my instructions. I thought we had agreed a fee of £100 for you to read the papers I sent to you and for you to provide me with initial advice.

You have not read the papers and have requested a fee of £350 to do so.

I have requested you to return my papers and you are looking to charge me £48 for this.

I am not happy and am quite prepared to refer this matter to the Legal Ombudsman if necessary (separate note - see >>> http://www.legalombudsman.org.uk/consumer/)

Given that the papers were copies I am happy for you to arrange for their destruction and for you to acknowledge that my instructions have been cancelled and that you will not be charging me. If you do this within 7 days I shall consider the matter closed and will not complain to the Legal Ombudsman.

I look forward to your response.

Yours faithfully
.

Mark Alexander

10:52 AM, 17th June 2014
About 5 years ago

PS - why not tell us what the problem is? You may not require a solicitor.
.

All BankersAreBarstewards Smith

12:11 PM, 17th June 2014
About 5 years ago

It is about a tenancy which started in 2009 on a 6 month AST and which has been periodic ever since. I want to evict the tenant. Because of superstrike and the "prescribed info. issue" I wanted to check if my documents were ok.

I have now talked to a new solicitor who has read the docs. for free, given me his opinion, and who has not charged me a penny for his long email response, as he trusts me to take it forward with his assistance. He was recommended to me by a letting agent of long long standing and whose judgement I trust "The best landlord-tenant solicitor I have ever known" is what she said.

I am away for a few days this week, but when i come back I will discuss the matter further with him, and then tell 118 landlords his contact details..... he is one of the good guys.

Mark Alexander

12:40 PM, 17th June 2014
About 5 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "17/06/2014 - 12:11":

I still don't see why you need a solicitor.

You can serve section 21 as soon as you have issued new prescribed information or refunded the deposit. If you're evicting under section 8 then Superstrike has no relevance.

Please feel free to ask the solicitor to consider becoming a sponsor - see >>> http://www.property118.com/business-sponsorship/ - also note the "House Rules" regarding the use of links, email addresses and telephone numbers please which can be read via the link provided.

All BankersAreBarstewards Smith

14:44 PM, 17th June 2014
About 5 years ago

Its a bit of a long story... S21 has already been served a long time ago - i could find myself liable to a 3 time deposit claim if it all goes belly-up - as its all to do with the timing of the issue of the prescribed information and the non-issue of new prescribed information in 2010 when the tenancy went periodic !!!!! Was I meant to be psychic and guess that Superstrke would come in .....????

what a dogs dinner of a court ruling

Mark Alexander

14:49 PM, 17th June 2014
About 5 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "17/06/2014 - 14:44":

In the case of Superstrike the deposit was NEVER protected.

Did you protect the deposit at commencement of the tenancy and if so with which scheme?

Did you ever cancel the protection?

Did you ever issue a new fixed term tenancy and if so did you re-protect the deposit?
.

All BankersAreBarstewards Smith

15:08 PM, 17th June 2014
About 5 years ago

I protected in 2009 within the 30 days of signing the agreement - I did not issue prescribed information for 24 days. The AST said I would protect via DPS - I actually used Mydeps. It is currently protected as a statutory periodic with Mydeps. I have never reissued a new agreement.

Everything I have read indicates that the non-issue of a second lot of prescribed information (when a fixed becomes a statutory periodic tenancy) will be the issue that tenant-litigators will use to fight an application for eviction.

Mark Alexander

15:18 PM, 17th June 2014
About 5 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "17/06/2014 - 15:08":

OK, providing that is the case I think you should win your case and pay no compensation. Others here will disagree with me and they will say say you will lose. This is academic as such a case has never been heard so far as I'm aware, Superstrike was a very different set of circumstances.

Therefore, I am prepared to back my judgement with a wager. Subject to everything you have said above being correct I bet you 1.5 times the deposit that you will win. In other words, if you lose, then you will have my money and only have to make up a maximum of the remaining 1.5 times the deposit.

If you win your case you will have to pay me 1.5 times the deposit.

On that basis you will be spreading your bets and will not have to pay legal fees. My only proviso's are 1) that I accompany you to the hearing and have permission to speak on your behalf 2) that I will publicise the result here (without revealing your identity) and 3) you will appeal any adverse decision if I agree to pay for the appeal and the same terms will apply.

Do you want to accept my wager?
.

All BankersAreBarstewards Smith

10:48 AM, 19th June 2014
About 5 years ago

Thank you Chris.... this is a real dogs dinner of a situation for all of us. I have recently downloaded a Notice of Amendment from the House of Commons (dated 14 May 2014) which relates to the Deregulation Bill, (as amended,) which defines changes to the Housing Act 2004 (Deposit legislation) which are being considered right now to clarify our position as landlords .... I will ponder my position and come back to the 118 community next week after I have spoken to my helpful solicitor next week, and re-considered my position and your news also..... Thank you Mark also for your offer... I will give it careful consideration

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