I have drafted a 'Final...
I have drafted a 'Final Notice Before Legal Action' to be sent to the party concerned, have I presented it in such a manner as will satisfy my filing a claim in the Small Claims court assuming settlement is not forthcoming.
FINAL NOTICE BEFORE LEGAL ACTION
June 6, 2011
Mr xxxxx xxxxx
xxxxx Solicitors & Mediators
Family Court – Divorce
Dear Mr xxxxx
I refer to my complaint to you fully documented on Oct 27, 2010 in respect of work done during January 28, 2010 through to April 16, 2011. The two invoices received being February 28, 2010 in the sum of £1,914.20 and April 13, 2011 £1,914.69 totaling £3,859.90 which were paid in full upon presentation. A Remuneration certificate does not apply being a family hearing and Court Assessment procedure through the Senior Costs Court is time barred.
My claim against you is for a breach of contract in that you over-charged me and failed to act with all reasonable skill and care more specifically:
excessive charging with no supporting documentation (attendance notes, apart from minimal accounting entries in the client ledger which are irreconcilable against the minimal correspondence file);
ignoring the client's instructions causing him undue expense from your billed time, stress and anxiety;
ignoring client's several requests to be kept up-to-date regarding the terms being agreed on the single condition – the date the respondent (me) leaves the marital home and the date he removes his possessions (tentative date 30 days from Court approval of CO) in the Consent Order submitted in draft form by the client on February 23, 2010;
use of the engrossment concept for signing the Consent Order, queried by the client at the time it was mentioned, further keeping the client out of the negotiating loop;
failing to confirm your verbal advise to the xxxxx County Court on March 15, 2010 that the FDR hearing was to be stood down causing the client's claim for a refund of the fee in the sum of £170.00 to be rejected by the Court administration;
My pre-arranged visit to your offices to collect 6 significant papers from my former solicitors files to assist in clearing up a dispute regarding costs affecting closure of the case. You were eating your lunch, a sandwich in your office as I looked at the files in an alcove in the passage outside your office. You have agreed to reimburse the charge of £86 as it was not supported with an attendance note;
There were protracted negotiations with Solicitor xxxxx xxxx (the Other Side) over agreement regarding the date I would leave the marital home and the date I would remove my possessions. Whilst you and she were on the identical charge out rate per hour there is a large disparity between what you charged even though it pertained to the same conversations, there were no file notes in support of these negotiations which also explains why you were so vague when I was asking for details of what was being agreed under your initiative of an engrossment. I only learnt of the terms some several days after the effective date. I am expecting you to reimburse me £500 for this specific overcharge.
I claim £1,200 in respect of the general overcharging, £750 in respect of ignoring clients instructions causing unnecessary expense to the client by going outside his brief to you, £170.00 for failing to confirm your instructions to the court to stand the FDR hearing down, for £86.00 erroneously charged, £505.25 in respect of discussions on costs which you promised would be reimbursed by XXXXX XXXXX but you have no supporting evidence of such negotiations to support this amount and he refused to do so out-of-hand, £500 in respect of the disparity between your charge for discussions to Solicitor xxxxx xxxxx.
A total of £3,211.25. plus legal and court costs and interest at one percent above the bank base rate from the date of this notice.
If you make a suitable settlement before June 15th 2011 you will avoid the court proceedings and costs related thereto.