Divorced 3 yrs ago - solicitor just sent a £10k bill out of the blue!

[EdgeofGlory]

Can anyone advise on where I stand please. Divorced 4yrs ago and matter was finished in 2020. In March 2021 solicitor rang to see how I was.
This week I have received a bill for over £10k from the law firm stating it is outstanding charges......3yrs after matter concluded. Solicitor has since left.
Can anyone advise on where I stand and also who I can contact for legal advice. This it totally out of the blue, I understood I had paid all my bills.

Judge also awarded costs against husband, solicitor failed to pursue this and now they are saying no record on file. I have a copy in my file thank goodness.

I think you've got your dates a bit mixed up here. Ring the firm of solicitors for a breakdown of charges.

Yes I have got dates wrong - it was 2018 it was concluded, 2019 she rang to see how I was and 2021 the bill.

They have sent an invoice but it just shows 50 calls @£20 a call, 100 letters at £20 a letter etc

Your years are off so I cant tell whether this is ok or not. Its 2021 now. If it was only finished in march last year they can still expect to chase payment. Did you not get a breakdown of costs when your divorce was finalised?

Do you mean March 2020? So 10 months ago you had a call and now out of the blue you’ve received a bill?
I’d assume it’s an error.
If it’s not an error, they need to explain exactly what it’s for.

Literally posted just as you have. All you can do is call them

2 years later?!
That’s either an error or an extremely poorly run accounts department!
Don’t agree to pay it unless they can explain it to you very clearly. This doesn’t sound right at all.

Can you give the exact dates?

The judgement against your ex husband awarded fees to the solicitor.

It is therefore not your obligation to pay. They need to chase down the exH.

(Also, fwiw, their bill should be itemised, with dates, length of call, number called, letter date. )

But that's all moot. The important point is that since the court ordered hour H to pay costs they have to go after him for their money.

The court will have a record of that judgement. You can get a copy if you need one. The sol firm should have a copy too in your file, which should have stayed in the firm even if the sol left.

Take a look at your own copy of the order if you have it. Make sure it says what you believe it says. Send the sol firm a copy and query the fact that the bill was sent to you. Do not send the original in your possession.

Say nothing more than
'I am in receipt of your bill of (date).

I enclose a copy of ( court order, dated x/y, 20??). A copy should be in your files too.

Best regards ...

Very keen to hear solicitor's reply to what MathAnxiety says (which sounds like right advice to me, too).

1sr March 2017 is the court order saying he should pay my costs.
It just seems so wrong that after 2yrs of no contact, the solicitor left and now they’ve sent me the bill.
Mathanxiety appreciate your comments, and everyone else’s, so stressful.

Say only the barest minimum in communication with the solicitor.

Address the letter to the managing partner of the firm, and cc the person who sent the bill. This person's name should be on any accompanying letter you received. You should be able to find out who is the managing partner by looking the firm up online. If no luck, call and ask the receptionist.

Send both the managing partner and the billing person the copy of the court order, enclosed.

In the heading of your short letter, include whatever file number or file identifier the sol firm gave you (you should find this on any correspondence that came to you from them), and also the specific court and case number assigned by the court plus the year of the proceedings. Label both of these numbers.

I would post this in legal section. There are a couple of solicitors that post in there and one (@collaborate) that I believe is a family lawyer. The others name starts @prh.

Basically they do have 6 years to pursue a debt, and it isn't for them to be left to pursue your ex without instructions, but this does sound on e face of it outrageous.

I would check this isn't some kind of scam - someone impersonating the firm of solicitors.

@LApprentiSorcier

I would check this isn't some kind of scam - someone impersonating the firm of solicitors.

Good point. A relative of mine was recently scammed by someone pretending to be a solicitor. OP, when you contact the solicitor, make sure you go to their website and check you’ve got the correct phone number for the solicitors. My relative was given a false phone number on an email so when he called the ‘solicitor’ he was actually taking to the scammer! This may not be a scam, but sadly it pays to be very careful these days.

In any correspondence you have with them, make sure you use the phrase: This sum is disputed

That way they can’t just ping it on to a debt collector.

I am a solicitor, but actually this exact thing happened to me with legal fees from another firm. I phoned the credit department of the invoicing firm and said I disputed the fees and was not impressed. They wrote it off.

it isn't for them to be left to pursue your ex without instructions,

I think it can be assumed, because of how costs orders come about, that the instruction is implied and no further instruction is needed.

Thanks for all your advice, I have written and enclosed a copy of the court order.

@mathanxiety

"I think it can be assumed, because of how costs orders come about, that the instruction is implied and no further instruction is needed."

At circa £300 an hour...isn't that the type of assumption that leads to bills being sent out like this. Solicitors don't tend to start work like this that could cost a lot

My point was that cost orders have to be applied for in many cases. A solicitor would be instructed to proceed at the point of application, and only a really boneheaded one would not understand what the order was supposed to achieve in terms of payment.

I am guessing their files are in disarray and that they lost the cost order.

Perhaps a new bookkeeper has taken over. Perhaps they have done a review of accounts receivable.

I would be hopeful that sending them the order and as PersonaNonGarter says, dispute the sum (and indeed the charge) will resolve the matter.

Thanks again. I’ve had a further letter offering me 10% discount off £16000 which is the full bill.

I’m going to write to the managing partner or someone in authority there. Or even law society?

They suggest a payment plan - I’m in rented, single parent, self employed and earn £160 a week. What planet are they on. I’m so disgusted that they can send a bill years afterwards.

What did they say about the costs Order?

Wrote to the Managing Partner and say

1. The liability for costs lies with Mr Glory, see enclosed Order
2. Please let me know what steps you have taken to enforce that Order
3. I will not be paying this Bill.

The ball is in their court, clearly they have been doing an audit and discovered a hole in their accounts and have not (or cannot) match it with the circumstances of your case. What I don’t know is what your liability may be if action against your ex is ultimately unsuccessful. If you have legal cover under an insurance policy use it to get advice, otherwise look for free legal advice clinics in your area - search for Law Centre

Hi! The solicitors firm has to have a complaint procedure. They have to send it to you if you ask, along with the standard terms of business that you agreed to. You should follow their complaints procedure. You can also report them to the Solicitors Regulatory Authority if you think they have breeched their code of conduct.

At the moment, it sounds as though you shouldn't have to pay anything. I have professional experience in this area and if I heard your case, I'd need very convincing evidence from the other side to persuade me that you owe them anything.

You can ask for a full copy of the file for your case, which should identify if they have lost important documents etc.

There's also the Legal Ombudsman that you can approach if you are not happy with how they respond to your complaint under their own complaint procedure.

www.sra.org.uk/consumers/problems/report-solicitor/

Usually in divorce cases you instruct your solicitor. You are liable for their costs. If you succeed in getting a costs order your ex spouse would have to then pay the costs awarded in that order, usually an amount set by the court. Those funds are used to reimburse you. It does not mean you are not liable for the work your solicitor had to do in the first place.

Does seem strange that you receive a bill a long time after work is finished, however. Did you pay them for their work at the time?