Do I even have a leg to stand on here

[Bennyismydog]

I left my ex around a year ago. Leaving him left me with literally no finances. He’s doesn’t pay anything toward the kids, I left because he ran up, literally thousands of pounds of debts in both out names that I was completely unaware of until bayliffes came to the house clamped the car tyres and tried to repossess property (he was hiding post from me etc) He was financially awful while we were together, he also had 3 affairs not a very nice guy.

Anyway I managed to leave and get a part time job, money is tight but I’m getting by month to month at the moment.
When we first separated I was really anxious that he would continue to run up debts in both our names so I went to see a solicitor.
He told me a divorce with a clean break order was my best option. I explained to him that money was really tight and he told me not to worry they would ask my ex to cover the costs and if he didn’t cover the costs then I could pay monthly. He gave me a set fee a month I could pay and I thanked him for his time.

I asked my ex at the time if he would contribute toward the divorce and he said no, so I left it for a while. Then I realised ex had run up another joint debt in both our names so I recontacted the solicitor and met him again, he once again told me we would do this on a fixed fee basis and drafted the divorce paperwork.

A month later I got all the information through and then the solicitors secretary asked me for the £550 up front for the court fees.
I explained to her that the solicitor had told me I could pay monthly and she said no this was not the case I had to pay for the divorce up front and then the solicitors fees monthly on top of that.

I explained I couldn’t afford this I’d only agreed because I’d been told on two separate occasions I could pay monthly and was even sent a contract explaining I was completing the divorce on a fixed fee pay monthly basis.
My mum was with me in both meetings and she had understood the solicitor the same way I had so I don’t think it was a case of me misunderstanding, two of us misunderstood on two occasions.

The solicitor has emailed me back this morning telling me as I’m not proceeding he will be sending me an invoice in 14 days for the cost of the second meeting, drafting the divorce papers and drafting a letter to my ex. I don’t think the letter to my ex was even drafted or sent tbh as I never saw a copy of it and they didn’t have his address as I didn’t know it at the time.

I feel really let down, if the solicitor had told me from the start I had to pay the £550 up front I would have thanked him for his time and said no as it was too much to pay for up front.

It was literally because he offered me the fixed fee and monthly payments that I accepted. He even went so far as to tell me he understood my situation and if the price proved too much for me per month they would readjust the figures for me as they were people focused.

If he had even told me at the second meeting I would have thanked him for his time but the solicitors only informed me after two meetings and after they had drafted all my paperwork that the £550 was upfront.

I know they have spent time on my case and they should be paid but I’m literally getting by month to month and at the moment and if they’d been upfront from the start I wouldn’t have asked them to proceed and complete the work they did for me.

Do I have a leg to stand on here or am I stuck with this.

I've no experience of divorce cases and I'm not a legal expert but when I've purchased property there are some legal expenses for searches that I've had to pay upfront and the court costs sound the same. The fees would have to be paid to the court ahead of the case even if the solicitors were willing to accept monthly payments for their own fees so it does sound entirely plausible to me - sorry, I know that is not what you want to hear.

The £550 is the court fee you'd have to pay to issue the petition (unless you're exempt from paying the court fees - do you have a low income? Did they check for you? You can check for yourself here www.gov.uk/get-help-with-court-fees).

If I were you I'd check your contract with them as it probably says somewhere there that the monthly payments are for their fees only. The court fee is yours to pay, and your solicitor should not be expected to provide you with a line of credit for that.

Thanks both I’m just so mad I feel like I was completely tricked when I was in a vulnerable position and it just feels so unfair.

Twice I asked him if everything was under the fixed fee including all costs and twice he said yes. It was only after I agreed contract with him I was told this was not the case and it makes no reference to this at all in the contract it just says fixed fee divorce, month payments.

I did end up going to another solicitor who told me I was eligible for reduced court fees and started the procedure for me so that was good.

I just feel so absolutely gutted that I now have to pay the original solicitor £399.98 for typing up my divorce draft. I filled in all the paperwork myself and handed it in to his secretary, who then typed it up on the computer and now I’m being charged £399.98 it just seems so unfair, I genuinely feel like I was deliberately misled and now I’ve been stung with a £400 bill for someone typing into a computer word for word what I had written.

Stand your ground on this op -write back and say you were not told about the £550 fee - it seems they got this wrong anyway - you can tell them this also - how much did you agree to monthly - I bet far lower than £400 - I had this happen to me - you are right they are taking advantage of you!

Can't you find the £550 from somewhere? If your ex runs up any more debts in your name you could be way more out of pocket than 550. :( rubbish situation.

I agree with Russell19. My friend divorced 8 years ago and still has baliffs turning up.

Yeah it’s not the paying the court fee I’m bothered about so much.
It’s the fact that the solicitor told me ‘everything’ would all be included in one lump sum to pay monthly which I agreed to.
He told me this on two separate occasions and also in the contract.

Then he changed the goalposts and wanted the £550 upfront which I said I couldn’t afford and now because I’ve said ‘no thanks I can’t afgord this’ he’s charging me £399.98 in bills for meeting with him and him typing up my divorce draft that I’d filled in myself.

He’s not handling my divorce at all now this is a bill for typing up something I’d written and meeting with me.

It just seems really unfair that he wants me to pay him almost £400 for nothing basically.
And I know I did meet with him and asked him to draft my petition but I would’ve never ever ever asked him to do that at all in a million years if he had told me upfront that I was expected to pay £550 initially and then monthly as it’s completely unaffordable to me.

It feels like I’m being charged £400 for telling him I don’t want his services.

Well effectively you are being charged for telling him that... he can't work for free unfortunately and he has spent time meeting with you etc. I get what you are saying about him moving the goalposts so maybe show him the contract and remind him of what he initially said. Is he acknowledging he has changed what he said? Or is he saying you have misunderstood? Xx

Did he send you a letter of engagement setting out his fees / disbursements ect?

He did give me a contract to sign, this was only issued after meeting with him twice once was a free consultation where he assured me everything was included in the monthly fee, my mum was with me and is also adamant he did not mention £550 upfront and assured me several times it was included in the monthly payment.

The second meeting was set up (which I’m being charged for) after I confirmed once again by email everything was included in the monthly fee. He asked me to fill is as much of the petition as I could myself and bring it along. I filled the whole petition in and took it with me.
During this meeting he once again told me it was pay monthly and I signed a contact which stated the fees (fixed fee £1600, including court costs of £550)
I signed this nowhere at all in the contract does it specify £550 up front. It was only a few weeks later when the petition was emailed to me that the secretary made me aware of this.
I said I could not afford this upfront and the was only reason I agreed was because I was told twice everything was included and was told no this was not the case.

I then said sorry I can’t continue then as I can’t afgord the fees you’re asking for and was then told I owed £400 for the ‘work’ the solicitor had already done. Which was to meet with me and to get his secretary to type out my divorce petition pretty much word for word.

I completely understand he can’t work for free, it just feels so much like I have been manipulated and there’s nothing I can do about it.
If he had told me in the initial free meeting of the charges I wouldn’t have returned and he wouldn’t have done any extra work for me.
I feel like I was misled and now I’m £400 out of pocket. It just feels really underhand and I honestly could cry that I live so frugally every month only to get landed with this bill.

So how much were you expecting to pay each month? My divorce was approx £600/mth

Doesn't the contract say when payments need to be made? (E.g 14 days after invoice).

I'd write back setting out your points. I'd then offer a monthly sum to pay off your debt. They'd be hard pushed to argue with it.

You can also complain to the law society. They may well back down if you threaten this. There's all the information and a template here www.lawsociety.org.uk/for-the-public/using-a-solicitor/complaints/

So how much were you expecting to pay each month? My divorce was approx £600/mth
We had agreed £105 a month. My divorce was very cheap and uncomplicated no assets to divide.

Doesnt the contract say when payments need to be made?
Yes it says proceedings will be initiated after the first payment and then on the 1st of the month thereafter.

I’m not objecting to paying for the court fees I am aware that they have to be paid. I’m just really annoyed that I asked him specifically on at least 3 occasions if they were included in the overall cost and monthly payments and he told me yes.
If they weren’t he should’ve told me no it’s £550 upfront and then £105 a month in our initial meeting. Had he told me that I wouldn’t have wasted a second more of his time.

Instead he assured me 3 times everything was included and even confirmed this by email. Then once I’d agreed he changed his mind and told me via his secretary the £550 was payable upfront.
This is way more than I can pay out in one month.

When I emailed back and said this isn’t what we agreed I apologise for any inconvenience but I can’t afford to give you £550 upfront he told me that he was no longer handling my divorce (fair enough) but that I owed him £400 for 1 x 30 minute meeting (during which he gave me false information about payments) and for typing up the divorce petition that I had written out myself. Which to be fair didn’t need typing out anyway, handwritten is fine.

But him being a solicitor and me having no legal knowledge means I know I was manipulated here but there’s nothing I can do about it.
He broke the terms of the contract we agreed and when I could not meet the new terms he refused to do business with me and slapped me with a £400 bill.

Thanks you Petitprince I’ll look into that

Well, the fixed fee of £1600 certainly looks like it should include the court fee.

How were you expecting a petition to be sent to the court without the court fee of £550 being paid in advance?

Sounds like a misunderstanding to me, the client care letter would have stated the process quite clearly. There is no advantage for the solicitor in you paying the £550 court fee. You sound very paranoid

op write back to them saying what you have said here - do not offer to pay - i had the same situation I went for an initial meeting - they assumed I was going ahead did a load of paperwork and tried to charge me for it. I had an email saying i was considering - it took 3 letters from me before they dropped it.

Do not pay - they are taking advantage of you - good luc

OP has also said she did not have to pay the full fee - but sols did not tell her this - surely they would not keep the difference?

Thank you greenberet I am going to write to them today, include the email where they assured me everything was included in the price and the contract which states the same and hopefully this will help.

@bennyismydog when writing to them, also ask for a copy of their complaints procedure. Law Firms have to publish details of the same and often simply asking for it will move things forward.

Check whether the terms of business letter says that they will or won’t pay any court fees out until you have paid that to them. They have a poor business model if they’re willing to commit themselves to giving credit to clients like that.
The letter from them should have been clear about what the £1600 was for, and should have set out what you had to pay in court fees.

Also I think it is quite obvious if you could only agree to pay £105 per month you would have difficulty coming up with a lump sum of £550!

Regardless of whether or not the court fees are properly payable by you, your solicitor should have made your fee paying arrangement explicitly clear and in writing from the outset. What do their terms of engagement say? If they aren’t clear on this point you should complain.