Solicitor Fees

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    Solicitor Fees

    We have made three possession claims against one of our tenants.

    We won the third claim, but lost the first two and have been asked to pay solicitors costs.

    The costs are very high and will cost us a fortune. We have also been charged for not attending a hearing which we are unaware of. The first hearing we didn't attend, I called the court and asked them if we could cancel it and the person I spoke to said no and that it was too late.

    The second hearing is apparently a continuation of the first hearing. I find this strange because usually when we don't attend the first hearing, we are told we wont get possession and it doesn't go any further.

    Are there any ways we can not pay these costs or find a reason to pay less that the solicitors will agree to? I have already explained to them that we are a very small landlord company and that we may go out of business after having to pay these costs but they are still saying we have to pay them the full amount.

    Seeing as we won in the end by getting the tenant out, can that give us a good reason in court not to pay? or is that not possible as it I a different claim?

    #2
    I think you'll have to pay at least most of it. I disputed a solicitor's bill once (actually more than once). There were a lot of letters sent to me recorded on the invoice. I asked for copies of all the letters as it was only to take somebody to court for arrears and you don't need many letters for that.

    They said they would write off my bill and that I was never to darken their doors again. Result!

    Comment


      #3
      Have you been 'asked' to pay the T's legal fees or ordered by the court?

      Were you notified of the date of the second hearing?

      Why did you lose the previous claim (or claims)?

      The claim you won is apparently a different claim, so it has no bearing on your liability for the costs in respect of the previous claim (or claims).

      Comment


        #4
        Yes, the court have ordered us to pay defendants costs and to pay the costs of the second hearing, however we were not notified of the second hearing and didnt recieve the 'ouutcome' letter for the hearing either.

        Also, for the first hearing, the solcicitors wrote a letter to us about it, they didnt write one of the second one but in the costs, they're claiming the sent out two letters however we only recieved one.

        We lost one of the previous claims because the s21 was done incorrectly. I'm not sure why we lost the other claim, it may be for the same reason.

        Comment


          #5
          Originally posted by westminster View Post
          Have you been 'asked' to pay the T's legal fees or ordered by the court?

          Were you notified of the date of the second hearing?

          Why did you lose the previous claim (or claims)?

          The claim you won is apparently a different claim, so it has no bearing on your liability for the costs in respect of the previous claim (or claims).




          Yes, the court have ordered us to pay defendants costs and to pay the costs of the second hearing, however we were not notified of the second hearing and didnt recieve the 'ouutcome' letter for the hearing either.

          Also, for the first hearing, the solcicitors wrote a letter to us about it, they didnt write one of the second one but in the costs, they're claiming the sent out two letters however we only recieved one.

          We lost one of the previous claims because the s21 was done incorrectly. I'm not sure why we lost the other claim, it may be for the same reason.

          Comment


            #6
            So there were two failed claims? For claim #1, there was one hearing; for claim #2, there were two hearings?

            Which hearing were you not notified of, and which hearing(s) did you attend?

            You were ordered to pay costs for both claim #1 and claim #2?

            With the claim which failed because of the s.21 notice, did the T submit a defence saying the s.21 notice was defective?

            With the claim you don't know why you lost, how did you know you lost it if you weren't told about it?

            You say: "We have also been charged for not attending a hearing" - charged by who, and what for?

            Comment


              #7
              Originally posted by westminster View Post
              So there were two failed claims? For claim #1, there was one hearing; for claim #2, there were two hearings?

              Which hearing were you not notified of, and which hearing(s) did you attend?

              You were ordered to pay costs for both claim #1 and claim #2?

              With the claim which failed because of the s.21 notice, did the T submit a defence saying the s.21 notice was defective?

              With the claim you don't know why you lost, how did you know you lost it if you weren't told about it?

              You say: "We have also been charged for not attending a hearing" - charged by who, and what for?
              Yes, for #1 there was one hearing, for #2 there were 2 hearings

              For claim #2, we were not aware of the second hearing, we are being charged for it by the solicitor, this is because the court has ordered us to pay the costs for the hearing, however should we be paying for it if we weren't informed it had been arranged?.

              We have been ordered to pay costs for both claim #1 and #2, we have only just recieved the costs for hearing #1 now, however claim #1 ended in 2011.

              Claim #2 failed because of the s21 notice, T submitted a defence saying the s21 notice was defective.

              With claim #1, I wasn't dealing with it at the time which is why I am unsure, but I having a uick look at the paperwrk, it looks as if it's a dispute regarding the tenants address on the tenancy agreement

              Comment


                #8
                Firstly, are you talking about your solicitor's costs or the tenant's?

                Secondly, exactly what does the court order say regarding costs. It is very unusual for the court to order 100% (i.e. allow the winning party to recover 100%) of costs.

                Comment

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