Overpayment Of Compensation

[Emmab1970]

I received a modest payout following a car accident 3 months after my claim was settled in court the solicitors who handled my claim tell me that they forgot to make some deductions, barrister, physio and their costs and are asking for the money back they had 25% of the final settlement

Do I have any rights


Thanks in advance

[rsvp]

P l e a s e!!!!- name the company on here and lets check them out

[ummmm]

Did you not notice that the cheque was for more than you were awarded?

[Emmab1970]

To ummmm

No I never saw the court judgement and did not have to attend court so the payment was accepted in good faith

[TWR]

When I got hit by a taxi driver & sued him, the final outcome was sent to me along with the payment sum It was No Win No Fee & all details written, you should have checked the details, I'm sure you will have pay their fees back.

[woofgang]

well I think the first thing is to look at the T and C's they gave you when you signed with them and what it says regarding charges, then ask them for an itemised bill listing what they have had so far and what they say you owe them. Were you never even asked to accept the proposed settlement?

[ummmm]

When I was knocked over the solicitors phoned me with the other sides offer to see if I wanted to accept it.

[Emmab1970]

The issue is they Made a mistake and forgot to deduct a small interim payment when the final settlement was paid into my bank account. This was a no win no fee I agreed for them to have 25% of the compensation
I have not breached the t&cs of that agreement

[TWR]

I would have contacted them as soon as I knew they had made the mistake.

[woofgang]

Then you owe them the money. Simples.

[tamborine]

Solicitors should have claimed costs in Court. If they forgot, its their loss. Youre not liable on NWNF.

[Emmab1970]

I did not know they had made a mistake until they asked me for the money back

[woofgang]

so now you know...its money you have already had so you shouldn't have it twice.

[ummmm]

25%...that's a lot. I had 0% deducted from. The costs were claimed from the other side.

[tamborine]

Ask CAB for advice & keep evidence of enquiry in case solicitors seek CCJ against you, followed by their bailiffs.

[TWR]

With respect Emma, when I received my paperwork from my solicitor I checked it through, if there was a mistake in your compo claim would you not have contacted them?

[Emmab1970]

Like I said I did not get a copy of the court judgement I have asked for a copy of it on two ocassions but have not received it to date so could not question anything bear in mind it was 3 months after the claim was settled that they realised their mistake so how would I be able to pick it up when the so called experts did not

[Peter Pedant]

When this happened to a neighbour who was asked for stamp duty after completion on a house

i said send them their bill and the deductions for their costs and say that you have paid their costs in full on such and such a date and the contract is at an end ( actually it is determined but that is a bit technical )

You might also ask which clause under the contract are they relying on to send in a later bill after full and final settlement

and yes they are trying it on
when you have a painter decorate a room they dont come back and say oops our money ran out after three walls can I have 25% more please ?

[rsvp]

Apologies Emmab1970 - I completely misread the original post and as you are a new member I jumped to conclusions. sorry.

[fiction-factory]

How much are you talking about here. If it's £50 then the best approach may be different than if it were £500.

If it's a largish amount ask for a detailed breakdown and once you are satisfied that it was not intended for you then you either tough it out and hope they let you off (which I doubt) or offer to pay in instalments. You could also insist on a reduction in the repayment because of stress and inconvenience

[Tuvok]

Is there not an omnbusman that you can check with?

If they say pay or time barred then you'll officially know where you stand.