We bought and sold property almost 6 months ago. The solicitor sent us a final bill and deducted all monies due from our free procceeds before sending us a cheque for the balance. At the time, we had no reason to suspect the amount was in any incorrect in fact it was almost exactly what they told us it would be.
Apparentley they made a mistake and now say they undercharged us by £800 and are demanding this amount by return. Can they do this? They have done no more work for us and our invoice clearly said the amount paid was in "full and final settlement"
Help!
2006-11-21 11:17:25 · 12 answers · asked by LadyTraveller 5 in Politics & Government ➔ Law & Ethics
PS We are Scotland UK- Many thanks!
2006-11-21 11:37:58 · update #1
Just consulted another solicitor and it appears that even although the bill was paid in full, because they claim the error was simply a clerical mistake (someone couldn't use a calculator!) they are perfectly entitled to ask me for the extra- and... we have to pay or risk being taken to court!
Shocking but unfortunatley true and I am very annoyed.
The only recourse I have is to challenge them for "poor service" and hope they reduce the bill.
If anyone has any other advice I would appreciate it.
Many thanks
2006-11-23 21:03:12 · update #2
Does the bill say "E&OE" or "Errors and Omissions Excepted" or "Errors and Omissions Excluded" anywhere? If so, they are entitled to reclaim the difference if they can prove the original amount was in error. They do sound unreasonable to try and ask for such a large amount so quickly, but there is nothing legally preventing it.
If it doesn't say it, they are on more shaky ground
2006-11-21 11:44:21 · answer #1 · answered by Tom :: Athier than Thou 6 · 0⤊ 0⤋
IF the bill said "full and final settlement" it's the solicitor's mistake and they have little if any legal recourse. I say refuse to pay the bill and run this by an attorney (most will talk to you once for free at least on the phone if not in person.) I would not lose sleep over it since they will have to take you to court to get the extra money and they will probably lose. If they threaten legal action, let them know that they have no legal grounds to do so since they sent you a statement saying "full and final settlement" and you will counter sue them for costs and damages, which you would probably win.
I knew a guy who bought a car from a dealership and they made a clerical error and undercharged him by $7,000 and did not notice it for a few days. The guys ended up getting the car at a $7,000.00 discount since the price was not posted to begin with, but negotiated and the paperwork that was signed had the lower price. Real estate price is also negotiated. Here the extra 800 was not even verbally agreed on, the solicitor just made a mistake and undercharged you by 800. They have no right and no legal ground to come back and ask for 800 more. What they are doing is not only unprofessional, it may also be illegal. Talk to a lawyer.
PS. Hey guys, look, it says the currency unit is pounds so remember this isn't in the US.
2006-11-21 11:25:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, they produced an invoice for a sum that was agreed, then paid, and when the money was accepted, without arguement or mention of it being incorrect, then the bill is settled.
Be wary of entrusting any fight to another solicitor, as the bastards stick cose together. Let them sue you for the amount, where they must prove that you did not ay the full amount owed, as per the bill. But you did, in full, so fu ck them.
2006-11-25 05:14:20 · answer #3 · answered by manforallseasons 4 · 0⤊ 0⤋
No they made the mistake, they cannot take action because good old promisory estoppel, tell them to go to court for the money, they know they will lose!,
But...look closely at your client care letter, completion statements, and invoices, not that your likely to find anything.
I would recommend that if they continue to pester you, then i would make a complaint at the firm, then if no resolution to the law society, i have never heard of this, defo a new firm/ or people who are not trained!!
2006-11-21 11:27:03 · answer #4 · answered by logicalawyer 3 · 0⤊ 0⤋
Contact the Law Society of Scotland to complain about a Scottish solicitor. Be prepared for any possible outcome, that your complaint may be upheld, or it may be rejected, in which case the bill stands.
2016-03-29 04:48:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
They do not have a leg to stand on with "our invoice clearly said the amount paid was in "full and final settlement""
If they wish to sue you, tell them you will counter sue as they made the mistake.
2006-11-21 22:25:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
er, yes, but they have to prove they made a mistake in a small claims court...because you have every right to say bugger off. because the invoice says, paid in full.
they must provide you with a detailed breakdown of the work carried out to generate this increase in revenue they intend to generate from you..and hope you pay up..
i suggest you goto the law society, theres one in most big towns, but in truth, you need good legal advice..literally something which will stand up in court... and the law society is totally impartial and in most cases free.
2006-11-21 11:24:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you have paperwork stating that the bill you paid was in full and final settlement with regards to the property purchase then I can't see that they have a leg to stand on.
Full and final settlement as what it says.
2006-11-21 11:26:54 · answer #8 · answered by angie 5 · 0⤊ 0⤋
technically no, but it depends on your contract with that lawyer.
Check with a local solicitor, in the States a company has 90 days after a case is closed to dispute payment with you (in some states its as little as 2 weeks), after that they have to eat any additional charges
2006-11-21 11:20:37 · answer #9 · answered by Kat 2 · 0⤊ 0⤋
Beth M Your story? Very interesting......
★※★http://www.osoq.com/funstuff/extra/extra02.asp?strName=Beth_M
2006-11-21 11:32:35 · answer #10 · answered by mwb p 1 · 0⤊ 0⤋