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Nick H
Nick H, Solicitor
Category: UK Law
Satisfied Customers: 110
Experience:  Ten year qualified Solicitor
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Further to my previous question which I shouldn't be closed

Customer Question

Further to my previous question which I shouldn't be closed I am writing as I have had s response from the other party's solicitor instructing me to pay the amount but are also increasing this but imposing a daily rate of about £1.48/day. They say that they will get bailiffs which I don't want. Plus I have complained to ombudsman about my solicitors negligence and haven't yet had a reply. What shall I tell these solicitors as I cannot make any payment. Thanks
Submitted: 7 months ago.
Category: UK Law
Customer: replied 7 months ago.
Can someone kindly and urgently respond asap as I need to respond back to the solicitor? Many thanks
Customer: replied 7 months ago.
As I am still awaiting reply from
Ombudsman about my complaint what shall I respond to these third party solicitors as they want me to get back to them thanks
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 7 months ago.
My solicitor has acted negligent and has his poor timing and communication has resulted what has happened. I have waited patiently for over 3 years for this date but am now liable to pay £7k which I feel my solicitor should pay as I honestly cannot afford to pay. The other party's solicitor has asked for the payment and want a response. I don't know what to say to them as I have complained to the ombudsman about my solicitor and am awaiting a reply.
Expert:  Jamie-Law replied 7 months ago.

Why have they asked you to pay a fee, I dont understand why?

Customer: replied 7 months ago.
As mentioned before, It's easier if you look at my previous questions asked. I was involved in an accident which was not my fault. Please read that and it'll make more sense. Thanks
Expert:  Jamie-Law replied 7 months ago.

Were you on a no win no fee?

Customer: replied 7 months ago.
but can you please read my question submitted on 14 Sept 2016 to Thomas Judge as this explains the whole situation.
Expert:  Nick H replied 7 months ago.

Hello - I am afraid that I cannot access your previous question and the last Expert has opted out. However firstly have you informed your solicitor that you are planning to sue them for negligence? They will need to tell their insurers immediately and that may facilitate a quick settlement. It could also be wise to explain to the other side’s solicitor that you are looking to be indemnified by your solicitor for the costs. If they choose not to wait and take you to court then if you cannot pay then they will have to take the money in small instalments. They may realise that they are better off waiting for your settlement.

Customer: replied 7 months ago.
Thank you for your response. At the moment I have complained to the ombudsman about my solicitor and requesting that they be liable to pay £7k and am awaiting their reply so haven't really sued my solicitor for negligence. Can I still tell the other solicitor firm that I waiting to be indemnified by my solicitor?
Expert:  Nick H replied 7 months ago.

Hello again - Did you complain to the Solicitors Regulatory Authority? They can take some time in my experience and are likely to tell you to go back to the solicitor. If you tell the solicitor that you are intending to make a claim against them then they HAVE to tell their insurers immediately - you need to set out your complaint in detail. The insurers do not want to take part in a valid claim and will settle as soon as soon as possible. You can tell the other side’s solicitor what you are doing - it is simply that they may well ask how far you have got. At the moment that is not far, which may make them think you are not serious. Personally I would contact the solicitor with a full explanation of your complaint - then phone the SRA and put them under pressure to respond. Once that is moving contact the other side’s solicitor and explain the situation.

Expert:  Nick H replied 7 months ago.

Hello Again - Can I help you further with this matter?

Customer: replied 7 months ago.
Hi Nick sorry for late response. I contacted SRA and they are not going to do anything even though they admit there are breaches. I find this very disappointing as I thought they would want to take action. I have not told my solicitor that I'm complaining about them to the ombudsman and am still waiting to hear from them. My main concern is the other sides solicitor. They want to send bailiffs and arrange payment and I unfortunately cannot pay £7k. How do I tell them this? Thanks
Expert:  Nick H replied 7 months ago.

Hello again - I would write to the solicitor and explain that you cannot pay. Try to arrange a payment plan with them.

They will likely start out aggressive but should relent if they see that you are looking to resolve the matter. That is not

good news about the SRA.

Customer: replied 7 months ago.
Thanks for the quick response. Unfortunately I cannot afford to pay them I have been trying to work out my finances but also believe that my solicitor should be liable.
Expert:  Nick H replied 7 months ago.

Hello again - I would explain this to them and add that hopefully in the future you will be back in employment and can pay.

I would also contact your solicitor and tell them that the SRA have found breaches and that you are planning to sue. They may

try to settle the matter immediately as mentioned before.

Customer: replied 7 months ago.
I am already in employment but pay is less than £20k I'm the sole breadwinner plus support my wife and 4 children of which 1 is at university. I'll write to my solicitor and also to sra
Expert:  Nick H replied 7 months ago.

Hello again - Ok that is good. As I say the solicitor should settle quickly.

His insurers will not want to drag the matter out if they can help it.

Best of luck

Expert:  Nick H replied 7 months ago.

Can I be of further assistance? I hope you have been happy with my service and would appreciate a rating.

Many thanks