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Magistrates Court Cost Claim, Help needed on steps for court costs after win
Drei
post Mon, 27 Jan 2014 - 15:20
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I would like to know the correct steps that need to be taken for claiming back court costs after winning a case.

To give some information I have been prosecuted by the police for a traffic violation involving a 3rd party where the 3rd party claimed I hit them then did a run. Lucky I had an accident camera on board so it filmed everything and the CCTV supported my evidence (Person had an accident with no one and I stopped to see if they were OK. Somehow they decided that I was a good claim). The police were very adamant even though I clearly told them that I had evidence plus phone recording of the conversation between me and the 3rd party but still decided to prosecute me. I wanted to make sure I was prepared and would not mess the case up due to a "technicality" so I did employ a legal firm and I paid out of my own pocket. I won the case and was found not guilty of any of the charges (there were 3 of them and I am sure you can imagine which). My lawyer did ask for reimbursement for the legal costs and from what I remember this was agreed upon.

What I would like to know is if a request for reimbursement has been put through from my lawyer aaaand if this has been paid out, by all I know the legal firm has the money and decided to keep it, double the money for them. I will get in touch with the legal firm and ask however last time I did they just told me "it was still in process and these things can take forever". This was a year ago, the hearing was early 2012 so it's pretty much 2 years now. What's the best way in finding out?

Hope you can help.

This post has been edited by Drei: Mon, 27 Jan 2014 - 15:31
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post Mon, 27 Jan 2014 - 15:20
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desktop_demon
post Tue, 5 Aug 2014 - 14:16
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+1 to what JJ writes above. DO NOT LET THIS DROP. Presuming the solicitors have actually received the money then they should re-reimburse you directly and promptly. Letting them "get away with it" is bad for you and for the next customer. From the OP's description I would consider the solicitor's actions very unprofessional - bordering on theft/fraud. At a minimum write a letter to the senior partner requesting urgent payment in full and interest (at 2% above base rate). If that goes nowhere, try phoning and if rebuffed again then complain to the SRA.

I wish you forbearance and Good luck!

This post has been edited by desktop_demon: Tue, 5 Aug 2014 - 14:17


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Drei
post Wed, 6 Aug 2014 - 09:24
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Sorry if I didn't make this clear, so the solicitors said the new check is in the post hence why I said I rather get the money owned, pay my missus as she was the one that paid bless her:) and close the book. I wouldn't close it and let them have the money.

I have all confirmation in writing, e-mails from the solicitors stating they were waiting on the money from the NTT for the past 2 years:).
Confirmed that they did send a letter to NTT as the solicitors send me a copy when I questioned them this year.
Confirmed that they did receive the money (they said this year).
Confirmation from NTT Manchester that the money was paid to the solicitors a few months after the court attendance back in 2012.

I will obviously chase them up if the check doesn't turn up. I have all communications and confirmation of money received by them.

Lessons learned, should have chased it up with the solicitors every month and should have got in touch with National Taxing Team (but I did not know NTT was the ones hence my initial query). My approach wasn't great, I did chase up with the solicitors but every few months and they kept telling me it was pending. I didn't know who and where they sent the letter for reimbursement so no way to ask NTT about it. Because this year they said yes we have the money and we will send you a check, I let it slide and forgot about it until my missus reminded me last week. At this point I first query NTT, once I received their confirmation I called the solicitors. When I questioned them again this week (I did not say I had confirmation from NTT and that I knew the money was paid 2 years ago) the check apparently went "missing" and asked me "are you sure you didn't get it?" I said "was it cashed?" They said "No", to which I replied "well in that case No I didn't get it".

For anyone else the process would be:

1) Chase solicitors (think about 3 to 6 months to get reimbursement)
2) Ask for the letter the solicitors sent to get reimbursement so you have a reference and a copy (plus to know if they did fill in the request and to whom it was send CPC or NTT as per previous reply).
3) Go straight to source if you hear nothing for 3 to 6 months.

This post has been edited by Drei: Wed, 6 Aug 2014 - 09:27
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The Rookie
post Wed, 6 Aug 2014 - 11:16
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I would still be writing a letter of complaint to the senior partner, this is not acceptable behaviour and they have lied in telling you they got the money much later than they did, I'd be asking for interest, it's not much but it is a point of principle.


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thisisntme
post Wed, 6 Aug 2014 - 11:32
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QUOTE (The Rookie @ Wed, 6 Aug 2014 - 12:16) *
I would still be writing a letter of complaint to the senior partner, this is not acceptable behaviour and they have lied in telling you they got the money much later than they did, I'd be asking for interest, it's not much but it is a point of principle.


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Fluffykins
post Fri, 8 Aug 2014 - 10:40
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You may like to tell 'emn you now consider the money to be a loan.

This may be useful to calculate the interest a High Street (High Net?) lender would have charged: https://www.wonga.com/
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Drei
post Fri, 8 Aug 2014 - 11:14
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I got the check the other day, I think I will just let it be. Partially my fault for not nagging them and going out of my way to find out what happened.

They did help me when I needed them and did a good job, could have ended up with a criminal conviction.
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The Rookie
post Fri, 8 Aug 2014 - 11:17
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Really, it's not as if they were just negligent in not paying you the money when they should have, but they have actively lied to you, that's simply not good enough.

By the way it's a cheque, a check is something you do to something (unless you're a Yank), like checking you've sent your client the cheque you owe them!


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Drei
post Fri, 8 Aug 2014 - 14:39
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Nice on the cheque however Firefox decided to highlight it in RED and correct it as check so go figure, I though I misspelled it.

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I will look into making a complaint but I would rather not. At the end of the day I got the money back... late but hey, considering the interest these days if it was siting in my bank I would have gathered about £3 or less.

This post has been edited by Drei: Fri, 8 Aug 2014 - 14:41
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Logician
post Fri, 8 Aug 2014 - 14:49
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There's American spell-checkers for you! (NOT spell-chequers!)


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TonyS
post Fri, 8 Aug 2014 - 14:52
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QUOTE (Drei @ Fri, 8 Aug 2014 - 15:39) *
Nice on the cheque however Firefox decided to highlight it in RED and correct it as check so go figure, I though I misspelled it.

You need the UK dictionary. https://addons.mozilla.org/en-US/firefox/language-tools/
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The Rookie
post Fri, 8 Aug 2014 - 14:58
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Firefox allows you to set the language you want it to check in, right click the underlined word and towards the bottom is the set language option, on chrome right now so can't remember the exact wording.

How many others are they doing it to, really you should complain, then if anyone has a major issue they will have to disclose any similar complaints.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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