ILR Approved after 322(5) rejection - Now in problem with Solicitor

[deep27]

Hi All

I had a rejection under 322(5) from home office on my ILR ( indefinite leave to remain ) , which i appealed against & won last month.

My solicitor helped me preparing the appeal bundle & has charged me £2500+ vat *i.e £3000 for my case & £750+vat *(£900) for my wife's. Plus £350 in cash for attending the hearing.

in the 1st meeting in end of jan 2019, solicitor suggested that barrister will be charging upto £500 per hour for hearing ... However solicitor has instructed a barrister, ( who he is suggesting is top notch in these type of cases & he might be ) but his fees was £2500 for just one hour/hearing.

My hearing was on 3rd week of July 2019 & just few mins before getting into court room for hearing my solicitor asked me if i paid the barrister ? I was shocked & surprised as I was never been told about his price.... The solicitor, after going away from the hearing - has sent the invoice 1st time, dated same date in July ...

My ILR and BRP card were delivered to solicitor ... and he is now saying pay all £2500 upfront before he releases my passport and BRP card.

I informed him that my wife's passport is expiring in next 3 days & he is saying that "i can get the passport renewed after expired."

Do yo think it's legal for him to pressurise me by holding mine and my wife's passport & can he push me around like this ?

Thanks

[aman90]

Well it’s unethical. He shouldn’t hold the documents hostage. He should take you to court.
He put you on the spot right before the hearing.. you agreed to the £2500 barrister going in and arguing ur case?!
Do you not want to pay the entire amount?

[deep27]

Thanks for your reply.

I am willing to pay the entire amount but in few instalments.

He told me just a few mins before we were about to enter into the court room .. how ever my conversation with barrister covering what points he will be presenting my case was already finished.

Solicitor has prepared the full appeal bundle and witness statements.

My first ever conversation with barrister for less then 10 mins just before hearing at the court itself ( there are councillors room there )

My hearing was done in 5-7 mins as HO representatives didn’t turned up ...

It’s so difficult to digest that for just an hour, to pay £2500, where as 90% of the material was prepared by solicitor ( already charged just about £5k for that)

[deep27]

Hi all please guide? Who should I go to? Should I report this to police?

[seagul]

Hi all please guide? Who should I go to? Should I report this to police?

It is not a police matter and they will refer you to contact your citizen advice bureau. But you can adopt following procedure which isnt free but is relevant:

https://www.gov.uk/challenge-solicitors-bill

[immee]

I am not a solicitor or expert in this field but, this apparently is just a Civil matter between you and your solicitor.

All your solicitor can do is to take you to the court for not paying agreed fee, or visa versa (meaning you can take him to the court for trying to con you).

The court will then decide if they tried to con you. I don't think they can hold your documents, unless this was explicitly written in the agreement you had with them. You must have agreed some fee with them in advance and there should be a written document about this.

However whatever decesion you take, i would say to be careful (and take a seperate legal advice on the matter) as you do not want CCJ on you.

[deep27]

Thanks very much all for reply..

I have asked him again to release my documents & agree for instalments. let's see what he says..