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Winn solicitors saying we owe £13,000
100

PinkBump2022 · 24/06/2022 14:48

4 years ago we were parked up eating lunch in the car in an Asda car park. All of a sudden we got crashed into from behind. We got out the car she took photos and the woman took off, we got a picture of her numberplate which is the only reason we Found out who she was. Both cars had some damage. Ours to the back hers to the front. We put a claim in at winns and they said we had a good case. The other party denied it all saying it was a tiny bump. I had whiplash and needed pain killers and physio. After 3 years of her disputing it and us sticking to the same story time and time again we got a court date! The day befoeo the trail we got a phone call from winns saying we would almost certainly loose the court case and should withdraw immediately before any further charges incur and we end up with the other party’s charges too!!!! We again took their advice as we had for 3 years. I didn’t understand why for 3 years they said we had a good case then suddenly we didn’t when obviously nothing had changed. So now we have both had letters my partner owes £8600 and I owe £5775……..
so my question is, does anyone know if we do actually owe this money? Is there a way out of it? Surly it’s no win no fee so how can they charge us?

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SpeckledlyHen · 24/06/2022 14:54

I am confused. What did you put in a claim for? Didn't the insurance company sort out the damage to the car?

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Desmondo2021 · 24/06/2022 14:54

How come you didn't leave it to your solicitors to deal with? Surely they would have done all the legal wrangling on your behalf?

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Desmondo2021 · 24/06/2022 14:55

Sorry, I mean your insurance company, not solicitor!

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TeaStory · 24/06/2022 14:57

Does your contract say it’s no win no fee, or have you assumed that?

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AnonymousMizs · 24/06/2022 14:57

It will depend on a number of factors including the T&Cs you agreed to when you signed to instruct them. No win no fee often have clauses in them to allow them to recover costs in certain circumstances; e.g if you have withheld or misrepresented information, if you have rejected their advice which increases their legal risk etc... Nobody on here is likely to be able to advise on your T&Cs, I would suggest contacting them directly

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Comefromaway · 24/06/2022 14:57

There is usually a clause that it is no win no fee as long as you tell the truth about your claim. Telling you right at the last minute that you were going to lose sounds iffy. Did they believe that you misled them about the circumstances?

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Yorkshireteabags · 24/06/2022 14:57

Doesnt sound right. What have your insurance said

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Comefromaway · 24/06/2022 15:00

Desmondo2021 · 24/06/2022 14:55

Sorry, I mean your insurance company, not solicitor!

If it's anything like the claim my brother is going through at the moment insurance companies usually pass you onto these copanies if you have legal cover or you find one independntly if you have not. My brother is simply claiming for the hire car fees as the other part is disputing the fact they ran into his parked car then drove off on a car park owned by the company my brother works for and with signs that state no parking for anyone else!

He has had to sign one of these no win, no fee contracts.

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MrsOwainGlyndŵr · 24/06/2022 15:01

Usually, you claim off your insurance and your insurance claims off the other party's insurance.
What were you going to court for?

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Comefromaway · 24/06/2022 15:03

MrsOwainGlyndŵr · 24/06/2022 15:01

Usually, you claim off your insurance and your insurance claims off the other party's insurance.
What were you going to court for?

If the other persons insurance continues to dispute it and they cannot come to an agreement then it is passed onto to a legal firm and ultimately may go to court. This is what has happened to my brother.

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MrsOwainGlyndŵr · 24/06/2022 15:07

But that's nothing to do with the OP, if she's paid her insurance.

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CharlotteRose90 · 24/06/2022 15:41

After 3 years the bills have racked up and since you haven’t won you still have to pay some of the costs. 3 years for whiplash is a lot I’m surprised it lasted so long.

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Keepyoursarcasmtoyourself · 24/06/2022 15:49

Why didn't you just claim on your insurance?
Were you suing for the 'whiplash'?

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Namechangehereandnow · 24/06/2022 15:59

So you went to Winn’s instead of your insurance company? Presumably Winn's advised you to go to court? If they then advise you to withdraw from court, surely that’s their loss after their advice?

FWIW - courts and insurance companies don’t always go together anyway - friend of mine got taken to court for dangerous driving after a pedestrian said he had driven into her - cctv showed his vehicle was nowhere near the pedestrian, did not touch her and dangerous driving case was thrown out. However, his car insurance company still paid her £13,000 in compensation as this was cheaper than it going through the courts for injury - MADNESS!

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FemmeNatal · 24/06/2022 16:02

PinkBump2022 · 24/06/2022 14:48

4 years ago we were parked up eating lunch in the car in an Asda car park. All of a sudden we got crashed into from behind. We got out the car she took photos and the woman took off, we got a picture of her numberplate which is the only reason we Found out who she was. Both cars had some damage. Ours to the back hers to the front. We put a claim in at winns and they said we had a good case. The other party denied it all saying it was a tiny bump. I had whiplash and needed pain killers and physio. After 3 years of her disputing it and us sticking to the same story time and time again we got a court date! The day befoeo the trail we got a phone call from winns saying we would almost certainly loose the court case and should withdraw immediately before any further charges incur and we end up with the other party’s charges too!!!! We again took their advice as we had for 3 years. I didn’t understand why for 3 years they said we had a good case then suddenly we didn’t when obviously nothing had changed. So now we have both had letters my partner owes £8600 and I owe £5775……..
so my question is, does anyone know if we do actually owe this money? Is there a way out of it? Surly it’s no win no fee so how can they charge us?

What do you mean by putting a “claim in” with a company of solicitors? What actually happened here? The normal thing to do is to claim on your insurance.

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ZeroFuchsGiven · 24/06/2022 16:05

PinkBump2022 · 24/06/2022 14:48

4 years ago we were parked up eating lunch in the car in an Asda car park. All of a sudden we got crashed into from behind. We got out the car she took photos and the woman took off, we got a picture of her numberplate which is the only reason we Found out who she was. Both cars had some damage. Ours to the back hers to the front. We put a claim in at winns and they said we had a good case. The other party denied it all saying it was a tiny bump. I had whiplash and needed pain killers and physio. After 3 years of her disputing it and us sticking to the same story time and time again we got a court date! The day befoeo the trail we got a phone call from winns saying we would almost certainly loose the court case and should withdraw immediately before any further charges incur and we end up with the other party’s charges too!!!! We again took their advice as we had for 3 years. I didn’t understand why for 3 years they said we had a good case then suddenly we didn’t when obviously nothing had changed. So now we have both had letters my partner owes £8600 and I owe £5775……..
so my question is, does anyone know if we do actually owe this money? Is there a way out of it? Surly it’s no win no fee so how can they charge us?

This makes no sense, Why was your insurance company not dealing with this?

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AmaryIlis · 24/06/2022 16:09

ZeroFuchsGiven · 24/06/2022 16:05

This makes no sense, Why was your insurance company not dealing with this?

Insurance company wouldn't deal with a defended claim for personal injuries.

If you want to know why you've been charged, OP, check the terms of the contract and ask your solicitors.

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PinkBump2022 · 24/06/2022 16:14

We did call the insurance to fix the car but this was for personal injuries.

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princesssparklepants · 24/06/2022 16:22

No win no fee means if you don't win no fee.... but you pulled out. So it wasn't a case of you didn't win, you withdrew your claim. Which is why you are being asked to pay.

Chances are they expected the other side to offer a settlement. Realised this wouldn't happen so prob knew they would get more money if you just paid your fees so told you to drop it. Which you did.

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Jalisco · 24/06/2022 16:30

princesssparklepants · 24/06/2022 16:22

No win no fee means if you don't win no fee.... but you pulled out. So it wasn't a case of you didn't win, you withdrew your claim. Which is why you are being asked to pay.

Chances are they expected the other side to offer a settlement. Realised this wouldn't happen so prob knew they would get more money if you just paid your fees so told you to drop it. Which you did.

This is the only explanation that makes sense. Since the OP did not go through with the case then they owe the legal costs. I bet they have no evidence the lawyers told them to withdraw. FWIIW, provided there was medical evidence of the whiplash and treatment it is highly unlikely that they would have lost – but they wouldn’t have won very much either. I had such a claim (but through my insurers) and the total was about £4k – and that included repaying my employer for sick pay for two weeks off. And mine was a rear end at speed into my stationary car (apparently the other driver wasn’t aware that when leaving the slip road off the motorway, you aren’t supposed to be going at 70mph and you are supposed to give way to traffic already on the road at the top! You are also supposed to be looking forwards and not at your phone.).

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FemmeNatal · 24/06/2022 16:31

PinkBump2022 · 24/06/2022 16:14

We did call the insurance to fix the car but this was for personal injuries.

If you instructed them, and it was “no win no fee”, then there may well be a clause that says that if you pull out / don’t support the prosecution then you are liable to pay their costs.

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CharlotteRose90 · 24/06/2022 16:40

You pulled out so neither of you win. You have to pay the charges for that . can’t expect them to do 3 years for free

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eurochick · 24/06/2022 16:50

Look at the terms of engagement you signed in the first instance.

Like others I don't understand why this all didn't go through insurance.

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Wingingit15 · 24/06/2022 16:51

You need to contact them to ask them to set out the basis on which payment is due. If you’ve already done that, use their complaints procedure which I found on google
v easily

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bumpermom · 24/06/2022 16:51

So you pulled out on their say so as they knew they were unlikely to win and now you owe them. They are being really cheeky. If you had just lost then you wouldn't owe them.

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