Hi, this is my first time here and I really need some help/advice.
My partner claimed legal aid on the advice of his solicitor. Neither we nor the solicitor ever received an order granting legal aid but Rossendales immediately began sending letters requesting approx £7,500 to be paid in 3 monthly instalments (gulp!!). My partner arranged with his solicitor that he would pay the solicitor privately for a reduced amount.
Apparently, because the solicitor can make a claim against the legal aid fund, Rossendales will not close the file until the solicitor sends them a "letter of undertaking" stating that he will not claim against the fund. After 4 months we are at the stage where the courts have been informed that the offer of legal aid has been refused, the court, the solicitor and my partner have all informed Rossendales of this but Rossendales still refuse to accept anything other than "letter of undertaking" laid out in a prescribed format.
The solicitor states he has told Rossendales that legal aid has been refused and now he will not enter into any correspondence saying that any contract between my partner and Rossendales and the LSC is nothing to do with him. Rossendales HAVE put my partners file on hold so no enforcement action at the moment, and they are writing to the solicitor.
Meanwhile, my partner has dispensed with the solicitors services due to his complete lack of help on the matter and the solicitor is requesting his fees immediately. My partner feels as though he is "stuck in the middle of" Rossendales and the solicitor with both demanding money and there is nobody to intervene on his behalf.
We have made a formal complaint to the solicitor who "rejects as frivolous" our complaints. The legal ombudsman is now starting an investigation but they suggest we should pay the solicitors fees now. Please don't think that we are trying to avoid paying as the solicitor has done the work but he is refusing to contact Rossendales who sooner or later will take enforcement action.
I have tried to find some way of contacting the LSC direct but their website seems to be for legal practioners. I have the feeling that the solicitor will start legal proceedings soon for his fees and I am at the end of my tether.
Thanks.