Legal Ombudsman involved but now what?

[6gomad]

I have a problem with a solicitor who charged too much. I got the Legal Ombudsman involved who reduced the solicitor's original fee by about £1,000.

However, the solicitor will not issue a reduced invoice and is just demanding a cheque for the remainder of the original amount.

I am afraid that once she receives this cheque (and cashes it) she will not release the documents needed in final settlement.

I telephoned the firm and when I asked the above question they put the phone down. I thought I had been cut off so phoned back and was curtly told that all I had to do was send a cheque. I tried to ask if documents would be released as final settlement but again I was cut off (they put the phone down).

I am reluctant to pay as I do not trust this firm. If I do pay it should enable release of any documents and settlement of the outstanding fees but they will not discuss.

Can anyone please offer any advice which would be gratefully received.

(At the moment LO say they have done their bit and it's left to me)

[Collaborate]

Just pay and they should release the file without delay. If they don't, that'd a separate complaint in the making, and they won't want to do that.

[prh47bridge]

Just for clarity, are you saying that the solicitor is refusing to comply with the LO's decision? Or will the cheque they are demanding result in you paying the amount the LO considers is correct?

[6gomad]

Thank you for replying.

I am not sure if the solicitor has actually agreed with the LO's decision. I will check with them.

The cheque they are demanding is for the amount the LO considers is correct. I am just concerned they will keep that then demand the rest of the original amount. I'm not sure why they want a cheque either, I think I would prefer to do a money transfer.

[nennypops]

What reason, if any, do you have for thinking they will keep the papers? I can't see any reason why they would do so - they must know that if they do they will have the Ombudsman after them again - and, after all, it costs money for them to store papers. And I can't see any reason for not giving them the money, it's been established that they're entitled to it. Really the only reason this hasn't been resolved already is that you're holding up the payment.

[mum47]

Send the cheque to the firm's senior partner with a letter stating that it is in full and final settlement of their fees and is sent on the strict understanding that they will release the documents within so many days. Keep a copy of the letter and go back to the LO or to another solicitor if they don't.

[cumfy]

I would get back in touch with the Ombudsman.

How much is outstanding ?

[prh47bridge]

I see no reason to take this back to the LO. The LO has decided how much money the OP must pay. The solicitor is asking for payment of the amount decided by the LO. The OP should pay.

If the solicitor then demands more money or refuses to hand over the papers that is the time to go back to the LO for enforcement action. But right now there is no evidence that this solicitor will not comply with the LO's decision.

[cumfy]

What kind of solicitor just puts a phone down on clients ?

[prh47bridge]

The solicitor wants the OP to pay the amount the LO has ruled she owes. The OP is refusing to pay. Of course discussions can get heated. I am not condoning the solicitor putting the phone down but it is not grounds for returning to the LO.