AndyW
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| posted on 12/8/12 at 12:02 PM |
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any one help with a legal question
Hi all,
Here is the short version. Wife had non fault crash in 2009. Had physio. Claim went through. Got payout for injury.
Just recieved letter yesterday from solicitor saying they had paid us the money which should have gone to the physio and we know owe them money.
Obviously we dont have the money anymore, nor do we have what they want. Seeing as its been over 2 years since the claim was settled would I be right
to send them a letter saying that I cannot pay the full amount and will pay for example £10 per month??
I will also point out that it was there cock up so Im not going to fork out all at once. Can the solicitor actually do anything or do they have to
accept my payment plan??
I am going to be writing to them (also charging them to write the letter as they do) but just wanted to see if anyone here has any alternative
suggestions.
If you really dont have a clue then please no replies saying just throw the letter away etc, as Ive seen on other threads but if anyone has any idea
of what I can/cannot do I would be greatful
U2U if need be.
Thanks
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loggyboy
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| posted on 12/8/12 at 12:08 PM |
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Did you recieve any money that you werent expecting?
Mistral Motorsport
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cliftyhanger
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| posted on 12/8/12 at 01:39 PM |
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^^^
that is a very good question. I would check all the settlement amounts, and see if they really did send you more than they should have.
I think you could also ask for clarification on the amounts, and if you want to ask for copies of who should have got what, when it was paid and so
on.
If they were the solicitors who acted on your behalf and got you the payout etc, there should be no need to get awkward at the moment.
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JoelP
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| posted on 12/8/12 at 04:20 PM |
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Andy, the way you word your question reads, to me, as if you know you owe them money.
They can basically choose either to accept any offer you make, regarding either amounts or timescales, or they can take you to the small claims court
for it. Being solicitors, id imagine they wont have any qualms about taking this approach, so bear this in mind when deciding on what to offer. If you
go to court and loose, you have to pay the lot immediately to avoid a ccj on your credit file. If you pay by installments, you get the ccj IIRC.
I dont think that 2 or 3 years is enough time to avoid paying it back at all. You basically need to tread a fine line between minimum payments and
ending up in court paying it all at once (assuming you dont want a ccj).
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AndyW
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| posted on 12/8/12 at 04:28 PM |
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I will check the statements but I do think they paid us too much and the wife never read the paperwork correctly and just paid in the cheque.
I think we do owe them so we will have to call on Monday to discuss how to pay them back.
Thanks guys
Andy
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chrisxr2
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| posted on 12/8/12 at 06:24 PM |
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What.
If you do genuinely owe them money then i think £10 a month is a bit cheeky. Unless the kit is your daily driver, then you are not on the breadline,
and clearly have money spare for luxuries such as the kit, so i would suggest offering a more sensible amount in payments. Think if it was the other
way round and someone offered you 10 pounds per month.
Life moves pretty fast, if you don't stop and look around once in a while, you could miss it.
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Confused but excited.
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| posted on 12/8/12 at 08:52 PM |
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I would suggest that you talk to someone in the Citizen's Advice Bureau if you want legal clarification.
Personally I would think that the solicitor is partially to blaim, surely this 'error' should have shown up when they prepared their end
of year accounts and sgould therefore accept some liability.
If you ask a solicitor, their default position will be to protect another solicitor's interest.
Tell them about the bent treacle edges!
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