advice on not paying solictors bill

R

rag doll

Guest
hi I hired a solictor over a year ago as I seperated from my partner and wanted to by him out of property, after 3 months of letters back and forward his solictor to mine he finally agreed to take my offer, I went ahead got my loan approval, we then had a problem with the deeds of the house which took a number of months to resolve,which turned out to be the banks fault. cutting a long story short, my loan offer expired and the bank are no longer willing to give me the loan to buy ex out. I told my solictor I was not happy as it was up to him to look for an extension or to rush things through so it was drawn down on time.He has now sent me a stinking letter all the work he has done and a bill for 2500.00euro.Can I refuse to pay this bill in my eyes he didnt do the job I hired him to do,
 
You accept that the delay over the deeds was not the solicitor's fault.

You would have got the bank loan offer yourself. It was up to you to apply for or instruct your solicitor to apply for the extension.

Up to recently such extensions were readily available - the international credit crunch is hardly your solicitor's fault.

I think your solicitor is entitled to invoice you for the work done.
 
my solictor was really slow through out the whole thing, my ex partner solictors pushed and pushed the bank to resolve problem with deeds,while my solictor set back, he had a copy off loan approval clearly stated the loan would expire in six months, surely he would have read terms and conditions of loan and pushed for loan to be drawn down on time.he tried to draw down loan 3 weeks after it expired. Maybe I am wrong why should I pay after such a mess up him not making sure it was drawn down on time.
 
I don't think you can refuse to pay the bill as the delays weren't down to him but the bank.

Your dispute is with your bank not your solicitor. You have probably burned your bridges with the solicitor when you blamed him for the delays.

Cut your losses .... pay your bill and find another solicitor.

As for the difficulties with the loan .... try the bank again, failing that, try another bank.
 
rag doll said:
my solictor was really slow through out the whole thing, my ex partner solictors pushed ................
Click to expand...


Loan issues are your responsibility not your solicitors. Surely alarm bells went off in your head about loan expiry?

Regardless, you hired the solicitor, he did the legal work, he is entitled to be paid.

You could try to ask for a percentage reduction (which I doubt you'll get) but you have no choice but to pay what you owe.

Did you discuss a set fee when you hired him?
 
thanks paddy, posted here for advise as I didnt know where i stood, not a hope of me getting loan approval somewhere else, went back to bank asked them could i reapply and they refused as, I never agreed a fee a start with solictor, asked him for a rough figure of fees on a number of occasions he never gave one to me.he was dealing with an appeal I got a summons to court for not producing my licence and insurance cert, which I did produce on is on record with police station, my court date was when broke up with my ex and i got dates wrong, the jusge ruled I would have to pay 3000euro fine and a six month driving ban,and the 3000euro would have to be paid to courts if I wanted to appeal, this was done by solcitor my appeal is at the end on Janurary if I win my appeal can the solictor just keep this money to clear previous bill.I borrowed this money from my parents.grateful for your advise,thanks
 
you now have a second potentially serious RTA problem, and you are disputing fees with the solicitor you are relying on to sort it?

Solicitors like everyone else like to get paid for their work. Sometimes people cannot pay for various reasons. Some solicitors will carry on to work for clients who cannot pay if the client is at least grateful and gives some indication of payment in the future.

However you are trying to blame the solicitor for the banks hardline over your loan, seeking advice re avoiding payment, and still expect him/her to deal with your appeal to the Circuit COurt!

Even in these difficult times your solicitor might decide to decline your instructions and concentrate on working for clients who show some appreciation for his/her efforts
 
I have already paid 500euro for appeal he requested this up front as he does from all clients,
 
I'm not a solicitor but I think you should pay their fees. It seems reasonable for what sounds like a complex case including a protracted separation and missing deeds. Though maybe you could negotiate a small reduction, e.g. because they did not produce a fee schedule in advance.

BTW the solicitor's job isn't to solve all your legal problems exactly as you would like, it's to advise you and then maximise the outcome for you once you have given them instructions. While you are understandably upset and annoyed, I don't think you can blame them for events which were outside their control.

If the bank really were at fault in not producing deeds thus preventing the solicitor drawing down then you may well have a case against them and should start along the bank's internal dispute procedure.
 
€500 for an appeal to the Circuit Court is low, especially as you need to get your licence restored.

You are not being overcharged.
 
The solicitor spent 3 months negotiating the deal regarding the house then there was a problem with the deeds which was the bank's fault. The solicitor is entitled to be paid for the three month's work in negoating the deal.

What was the problem with the deeds? Also was the same bank who had the deeds giving you the loan? I would have thought that if you should be agrieved at anyone it should be the bank.
 
rag doll said:
my ex partner solictors pushed and pushed the bank to resolve problem with deeds,while my solictor set back, he had a copy off loan approval clearly stated the loan would expire in six months, surely he would have read terms and conditions of loan and pushed for loan to be drawn down on time
Click to expand...

If there was a problem with the deeds, it would have been impossible to draw down the loan. The loan would be on condition that there is a guaranteed good title - which is based on the deeds being perfect. The solicitor did nothing wrong here.
 
Optimist said:
If there was a problem with the deeds, it would have been impossible to draw down the loan. The loan would be on condition that there is a guaranteed good title - which is based on the deeds being perfect.
Click to expand...


First of all I agree with previous posters, based on the information given the solicitor should be paid.

However based on personal experience with one of the two main banks in this country, I have to take issue with you Optimist, and say that you are wrong and overly "optimistic", :) about the impossibility that a bank would draw down a loan when there was a problem with the deeds.
The bank I dealt with knowingly drew down a loan to cover up their own incompetence in causing a title deed problem ( they lost the deeds).

This is my own expeience on a very small scale, Not to mention a famous Dublin solicitor who scammed some incompetent Irish banks, who just accepted his word regarding title deeds. These banks as I recall handed over €70 million in total without blinking, when clearly there were some issues with title deeds.

Impossible, Hah!! :D
 
RSMike, I'm not sure how you're experience of things being done badly in other transactions is of any help to the OP?
 
You must log in or register to reply here.
Back
Top