A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Solicitor Threats for Debt

  • TheKnowler
  • TheKnowler's Avatar Posted by
  • Junior Member
  • Junior Member
More
25 Feb 11 #254088 by TheKnowler
Topic started by TheKnowler
Hi,

I have been dropped by my solicitor due to accrued debt from the 14months i have been fighting in court for my kids and ancillaries. I have run up a bill I am unable to make signficant payments towards but am making considerable payments to. In short even though my solicitor knew my financial situation intmemately and continued to represent me including numerous charges she has decided that the bill is too large to continue to assist me. I fully understand her position as she is a business at the end of the day, however she is now threatening to persue me through the courts for the accrued debt. I have made payments to her and have recently this week, sent another sizeable chunk, however she maintains i need to settle the full bill to avoid debt proceedings. I have tried to offer her a non too insignificant payment plan which would see her clear in about 4 months, yet she refused that as well... Is there anything i can do to avoid this, she was well aware what she was doing and now seems hell bent on dealing with this via the courts. For the record i am flat broke and cannot get a loan at the moment.

Thanks,

TK.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
25 Feb 11 #254139 by hadenoughnow
Reply from hadenoughnow
Were you given an estimate of the costs at the outset? How much does this differ from what you were charged? Was the estimate updated?

don't know if this helps

www.solicitorsjournal.com/story.asp?sect...rycode=17786&c=1

Hadenoughnow

  • CM*
  • CM*'s Avatar
  • Platinum Member
  • Platinum Member
More
25 Feb 11 #254147 by CM*
Reply from CM*
I'm in a similar situation The Knowler. EX sol said £1000,00 inc AR. Paid £3288 approx, though wants a further £1500.

Current sol said I should ask for refund as no update was made.

Ex sol says basically, I shot myself in the foot as I paid the extra payments.

We public don't understand these things.
Until my current sol pointed it out, I didn't know we had to be informed when we were nearing the limmit, or updated each six months.

Had the ex sol waived the final £1,500.00 as he had not adhered to the code of conduct, I would have let it go.

However, he is sending in the debt collectors for the final amount and I shall fight it.

Come three weeks time, after FH I will have nothing else to do. So might as well.

I am terrible at letting money go, but needs must. This week I've pulled in £371.00. Drop in the ocean, but I'm learning. No, £391.:woohoo:

  • CM*
  • CM*'s Avatar
  • Platinum Member
  • Platinum Member
More
25 Feb 11 #254150 by CM*
Reply from CM*
I re-read your post the Knowler, the part where you say the sols know your income.

My present income is £1,300 pm. I have £900 pm in cards and loan, all for legal expenses plus bills, plus tax I have no way of paying.
Last month the current sol's bill was £1500, and then a valuation bill of £850.00

I was ready for the valuation bill, but £1500? I received one letter and one phone call. "It's for reading your files."

Only the car left to sell!

Like you, they know how much I have. What are they trying to do?

Told my sol today that I cannot afford her, plus the barrister at my FH.

My sol charged me over £2,000 for one day taking notes that I've never even seen at FDR. That's not going to happen again.

  • LouCheshire
  • LouCheshire's Avatar
  • User is blocked
  • User is blocked
More
26 Feb 11 #254265 by LouCheshire
Reply from LouCheshire
This appears to be an all too familiar situation..and one I've also been caught up in.
When my ex left my parents took me to a solicitor. We told her the story and asked her what she could do for me for 5K (all the money my parents had).
She said she could get me a lump sum, secure me a car and secure that I could stay in the house (in lieu if CM) until youngest son left full time ed.
We stressed that all we had was 5K...a LOT!!
Anyway, what did she get me? Nothing...big fat zero...no lump sum, no car and I had to leave the house and rent.
Now then..how did she miss that ex was in process of buying 6 bed house whilst pleading poverty in court? Why didnt she argue with the judge that I needed a car? Why did she make me say I'd leave the house "because if you dont you'll end up having it repo'd as he's not going to pay the mortgage"?...I have no idea.
...and the final bill...ta-da...drum roll...£8300!!!
Parents paid 5K.
I am currently paying £20 a month which we can ill afford.
Ex owes 3K child support...so when criminal compliance have finished with him and he either pays this in 1 or in installments the solicitor said shes putting a charge on it...great eh? I employed her to secure a future for my kids..and shes taking food out of their mouths! So, even when I get some CM my kids arnt going to benefit from it til the first 3K has been paid.
It's wrong, wrong, wrong...
Lou xx

  • vivi36
  • vivi36's Avatar
  • Platinum Member
  • Platinum Member
More
26 Feb 11 #254272 by vivi36
Reply from vivi36
Hello

You say you offered a payment plan which should clear the bill in about 4 months.

Have you put that in writting to them?
If not put it in writting and keep a copy and send it by recorded delivery. And pay as much as you can when you can. The reason I say this is any other business would have to be seen to avoiding court, surely? And if they do proceed to taking you to court, surely the fact that you have acknowledged the debt and offered a payment plan and have paid as and when would see them actually laughed out of court. Because in my mind all a judge would do would be to impose a payment plan after deciding that you really cannot pay the debt in full.

good luck

  • CM*
  • CM*'s Avatar
  • Platinum Member
  • Platinum Member
More
27 Feb 11 #254340 by CM*
Reply from CM*
hadenoughnow wrote:

Were you given an estimate of the costs at the outset? How much does this differ from what you were charged? Was the estimate updated?

don't know if this helps

www.solicitorsjournal.com/story.asp?sect...rycode=17786&c=1

Hadenoughnow

The case in the link is interesting. However, did Minkin win the case becuse the sols downed tools, or because they went over their estimate?
Also, that case went to the high court. That must be very costly and risky.

I've started with the sol, by pointing out they were way over estimate. More importantly though, they didn't advise me of that. They say they did, but have offered no evidence of it.
I don't want it passed to debt collectors, so is the next step the law society for advice, or the ombudsman?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11