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  1. Hi all, first post of many, I hope we can all help each other to make life a little better. My problem is i had a lazy solicitor acting for me who acted on his own volition which was not favorable to the outcome of my situation, in short it cost me a bucket load of money and i've been to stressed out to deal with the situation.To start i did write at the time to the firm to make my complaint clear which was 2years ago now, my question is ,does the 6 year rule apply to taking action against a solicitor for negligence.thank you any help .
  2. My mum sadly passed away in October and my Dad as Executor needs to sort out Probate. Dad is 88 and has never had to do anything like this before. I therefore suggested that we speak to the Solicitor who drew up their will 8 years ago to see how much it would cost for him to do it. I duly made the appointment and we attended a meeting with him before Christmas. The Solicitor who had drawn up the original will has since died, so one of the other partners dealt with our inquiry. In total the meeting took 90mins and it wasn't until the end the 90mins the Solicitor advised how much it would cost for him to deal with Probate (approx £3500). I nearly fell off my chair and asked him how much he charged per hour and he advised £210 + Vat.. Dad pretty much told him there and then that there was no way he could afford that so we would probably have to do it ourselves. Dad suggested that we would probably get a bill from him for his time for that meeting, I thought we wouldn't because we had gone there for a quote which I didn't think would be chargeable. I was wrong....Dad was right and he received a bill a couple of weeks ago for £378 including VAT. Dad wanted to pay it (despite the fact that he's struggling on a pension), because he doesn't want any ill feeling and this Practice still has the original Will which we need. Myself and the rest of the family suggested that he shouldn't pay and he eventually, reluctantly agreed. I duly dropped in a letter to the Practice last week advising that we were surprised to receive a bill. The reply that has since come back from the Solicitor is very emotive, quite curt and uses an analogy along the lines of: - if you went along to a dentist for an examination, why would you expect not to pay?? I thought we were going to get a quote for his services. If I called in a builder to give me a quote for a new extension, I wouldn't be charged for his time to visit the site compile the quote etc so what is the difference?? If I go to a dentist for an examination, I know I am going to be charged because I know I'm receiving treatment. At no time were we ever advised that we would be charged for the time we were in his office and we weren't advised of his hourly rate until the end of the meeting. As Dad has also pointed out, if he pays the bill, approx £30 of it was time spent when the Solicitor chatted about his lovely family!!! There is also a note on the invoice about late payments being charged 8% interest which is a bit scary. Any payment Dad does make is obviously late now. So, my questions to anyone who may be able to advise are:- 1) Is this bill payable (bearing in mind we were never told that we were being charged for his time or were advised his hourly rate until the end of the meeting) 2) If Dad does have to pay it, is the 8% liable even though he has disputed it within their time scales. Dad and I both feel that the 90 minutes we spent in his office was excessive. I agree we gained some interesting information about dealing with Probate but we never asked for it and would happily have done without it had we known that every minute we were there talking/listening was costing £4.20!!!! I'm in unknown territory here so any advice or information would be very gratefully received. Are we being naive thinking we shouldn't be charged?? If he has to pay it, then so be it, but the rest of us think the Solicitor is acting very unprofessionally. Thank you for reading my post.
  3. I've been looking at miss sold mortgages do most people go to a firm with no win no fee or go to a solicitor or DIY themselve? I first purchased my property from my local council through my bank on a right to buy. I took out a loan with my present company secured on the property 6 months later this same company sent out with regards remortgages by letter. They offered a self certified mortgage with a fixed rate for 3 years,consolidated some loans and released money for home improvements,It had early redemption figures added to it if I sold my property within 3 years.It has a redemption fee of 250.00 if the house is sold.Added into it is the completion fee as well as the Legal Fee. On the application only loans/credit cards show as any financial status no household out goings.On the mortgage illustration and offer it states that 'The terms of this mortgage reflect past or present financial difficulties'. They sent out letters stating that they might of miss sold the mortgage.Then later on they seemed to want people to move their mortgages to their Business Partner.They stopped lending sometime later which they never told me about so when I had difficulties they couldn't offer me anything else. I'm tied in by the interest rates which are linked to the Libor rates which are 9.44%.They'll never go down only up.The mortgage also goes past the retirement age.
  4. In 2010, my local Council issued an ASBO against me because I had a dispute with a neighbour. My barrister tried but in vain to raise in Court that the Council had failed to follow its own procedures when the asbo was applied for. When Council's apply for an asbo they need to meet certain criteria which they failed to do so. Before an asbo is issued, you are supposed to receive a verbal warning, then a written warning, then you are asked to sign behaviour contracts; I was never sent no warnings etc etc. Does this make the asbo legal? The asbo has since expired without me breaching it; need I say more!! However the said neighbour prior to the asbo being issued, had been arrested for death threat which she denied of course, and before then I had also suffered threats of violence, and harassment. I was repeatedly refused the right to make statements, and so was my partner. I have also raised concern that some of the evidence used to obtain the asbo was not 100%; the complainant had lied on at least 4 statements, had lied during their section4a interview. The police dont want to know. I cost me £7000 to defend this joke of an asbo and I therefore want to seek if I can sue for damages. Does anyone know of any good solicitor who can do this on a no win no fee basis. Thanks!!
  5. A family member is in need of the above but i have no idea how i would go about finding one. Ive been warned away from any no win no fee outfits. Many thanks for any help offered.
  6. The background to the problem: due to age discrimination, bullying, lack of meeting safety requirements and more caused and aggravated injuries to my mother, an employee at a large High Street Bank. Consequently, she needed surgery last year from which she is yet to fully recover. Because of the period of Sickness Absence taken she has had to apply for disability retirement because of this Work Related Upper Limb Disorder. She suffered injuries to her tendons in both hands and her back from working as a bank teller in a high street branch. She was an employee with the bank for over 12 years. There is so much more but I will spare you the details right now. I was looking for help in finding a solicitor to help us make a claim against her employer. The difficulty I have had is finding a decent and knowledgeable firm that can seriously tackle both the employment law and injury law aspects. The market seems to be saturated with "no win, no fee" accident injury claim solicitors, though I'm worried that most are not good enough to tackle a complicated case such as this. Please if someone could spare some time to help us in this matter. Thanks for reading.
  7. In brief: Case lost on no win no fee basis. Concluded Aug 2011. May 2012, Sol requests counsel`s fees. Sol is aware that, as a result of a court imposed installment order, i am paying over and above my I/E assessment. I explain that there is no disposable income available. I request that the fees be put on hold or written off if posssible. Failing that, I can only offer a £1 a week. I have repeatedly requested counsel`s attendance notes, as i was unhappy with representation. I was repeatedly informed that counsel would not supply them! Two barristers were involved. One made two lenghty court appearances (a), the other (b) a brief appearance at the county court. Yet (a) bill is nearly half that of (b). I had heard nothing until yesterday. I received a letter from sol dated 15/11/12 requesting i set up a direct debit for payment and agree to a Charge Order on my home. I have 14 days to reply, else legal proceedings will ensue. Can anyone offer some advice on how to proceed. Thanks.
  8. I brought a house approx 10 years ago and used the services of a local solicitor. I am now in the process of trying to sell my property but a couple of issues have delayed the sale. I remember reading in the local newspaper around five or six years ago that the solicitor who dealt with the sale of my property had left the company, I seem to recall the solicitor left "under a bit of a cloud", thus the reason for the newspaper article. Is there any way I can find out if that solicitor was "struck off" from practising? I`ve checked the local newspaper search facility to try and find the report without success. I`ve entered the names concerned into a search engine again without success. Would appreciate any help and advice on the subject. Many thanks in advance.
  9. Hi all, Last year I attended court for my divorce hearing, the outcome was against me and a some of monies totally almost eleven thousand pounds was awarded to my ex-partner. The court gave me twenty one days to pay the full amount, however it took her solicitor five weeks to contact me. Within fifteen minutes i was at their office presenting a cheque for the full amount, which was transferred into their account two days later. ( I have the receipt and bank statement to prove this). In January,February, and March I received letters from her solicitors saying they were going go :mad2:back to court to get an application (legal aided) to enforce the order and that they would aslo get extra costs/interest payments fees from me as i had not complied with the court order. I duly ignored these letters (but kept them safe) as I had complied with the order in full at the earliest date, thinking that they would eventually wake up and realise that i had payed and within the time limit, especially since the person responsible for writing ALL the letters to me was the same person who signed the receipt for the monies last year. On the sixteen August I received a letter from them saying that they had been back to court and that the order had been approved by the judge. the letter itself said that an amount of the monies totalling £2500 was to be used to pay off a joint loan between myself and my ex, this in incorrect. It was to pay off a joint account (which the judge had stated had to be paid within fourteen days of receipt of monies by my ex). Also stated was that after looking into the order there would be a further £363.01 to be paid by me but they did not explain why, along with a warning that if they did not hear from me within seven days, they would go back to court again and further costs will acrue. They have stated eventually, that they have received the money but fail to give the date this happed, so it looks like i have just settled. I have written to the judge stating that i did not receive notification of the case therefore i could not attend, while also stating the above. I am waiting to hear if he will set the judgement aside. i have also initiated a complaint against her solicitor with the SRA who have said they are looking into it but also state they cannot award costs/damages etc if found proven. Can I .... claim against them for with holding the money for ten months, costs damages etc and how do ,i do it on a budget. I cant go to legal aid as i am in dispute with them as my own solicitor claimed the costs from them when i refused to hand over £2500 a few days before the hearing. ( i was originally on legal aid but when i got a job i told my solicitor of this (two months before the case), and the £2500 he asked for was way above and beyond what i would expect for a further days work.
  10. CAn anyone advise pls? Sent a LBA to LL re non-protection and return of deposit and court proceedings. Heard nothing back within 14 days then receive a letter from the LL's solicitor asking me not to instigate court proceedings for a week as they'll be in a position to answer the "issues" i raised then.They threatened that if I don't comply then they'll produce the letter to the court when the issue of costs arises if not before! I thought that in the case of non-compliance with the TDS rules that I could not be liable for LL's costs? Any other pointers welcome. Thanks Bit of background. Left the property a few months ago but after the 6th May deadline for TDS compliance.
  11. Good Afternoon I currently owe Veolia Water(Three Valleys) around £500 and today received a letter from P.W. Moody Solicitor and Commissioner for Oaths threatening court action. If the balance isn't repaid within 5 working days they will be processing a court claim. I have looked into P.W Moody online and it appears they aren't even solicitors. Has anyone dealt with this company before or know if they are what they are presenting themselves to be? Thank you!!
  12. Hi, I received a letter this morning from a solicitor asking to to confirm if I am the person involved in an accident back in October 2010. They have my name and address and have me listed as a claimant along with two other names (none that I know!). I have been asked to fill out particulars of claim, including negligence of the defendant and personal injury. This to me smells like some sort of insurance [problem], but how have they got my details?? Do i contact my insurance company and get their solicitors on to them or do i contact them myself? Slightly worrying as you can imagine Any help greatly appreciated.
  13. Hello I've been asked for advice by a couple who've been invited to an IUC. So far as I know, this is what's happened so far. They are a couple but live separately. She claims housing benefit and council tax benefit as well as DLA and IS. She lives in a council property. He claims Council tax benefit and IS Earlier this week they both received letters inviting them to separate IUCs next week. They contacted a solicitor who rang the council for pre-disclosure info. Result of this is that they have reason to believe that income has been earned but not notified. This is correct but I don't believe the couple concerned did this dishonestly or with intent to decieve - yes, I know they should have declared it so please, no comments or judgements about this, just looking to confirm a few things here. The total earnings undeclared are around £3k jointly. Council "prosecutor" told solicitor that they are assuming an overpayment of CTB for the guy at £400 - they said if he accepts this he will receive a caution, have to pay £400 back but no further action. Overpayment to the girl they say is around £5K - they will not say what will happen but if she admits the offence they will recommend a caution and she'll have to repay the £5K. Otherwise it's court. Solicitor has recommended going to the IUC and submitting a written statement admitting everything and then fingers crossed! I'm not sure this is best advice, certainly for the girl. My main question is this: If the undeclared earnings are £3k in total (less costs and expenses as it was a "self-employed" situation), split between the two parties then that's £1500 each before costs and expenses. Does this justify having to repay a £5K overpayment? It's effectively her entire HB and CTB for the last 8 months which is apparently when the earnings occurred. Should she contest it on the basis that they are requesting too large an overpayment or is it all correct under benefit rules? Can someone help me here?
  14. I am looking for a solicitor who specialise in credit consumer act and the ICO guidelines. Must have experience in application of default notices and credit reference agency. I would prefer someone in London, Watford or surrounding areas. Thanks madtergee16
  15. Hello I would like some advice on how to put in a complaint about a solicitor/firm. I have read related posts in here and have realised from what I have read that the solicitor has acted illegally as they have so far got two CCJ's for the same debt (I have just paid the second one as I got a warrant of execution). this is the legal bit that i found in here: 35 divison of causes of action it shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts. I read in another post to contact the Law Society. I have called them and was told that the legal ombudsmen now deal with complains. I in turn called them an they gave me a different number and then this number told me to go to their website (sra.org.uk). I have found a form to complete but I would like to check that this is the correct way to put in this sort of complaint as I just want the company to stop hounding me and leave me alone as I have had another letter through demanding more money (this is after paying the two CCJ's). incase more details are needed before anyone can help me this is a very old debt (way past the 6years) and so I was amazed last year when a county court letter/summons (do not know what it is called) arrived for a small percentage of the debt. I sent details to the court stating that I did not owe this money but somehow I presume the details were lost as the next thing I knew I had a CCJ for £337. I paid this in full on 22nd July 2011 and prior to this I spoke to the court who confirmed that was all I needed to pay and I would not be contacted again and the CCJ would not appear on my records - that was the bit I was most bothered about. Anyhow then this week a warrant of execution arrived from my local court for £439.25. I had no idea what this was about so I contacted the court who had done the CCJ (Once again southend on sea) and they gave me the solicitors name. I called that number and then dodgedly i was put through to all different people and numbers and suddenly I am back talking to the lady who I paid the money to in July. I had no idea what was going on but she told me this is the 2nd CCJ for the next section of money I owe to them and I need to pay it immediately to my local court. She then also started harrassing me about when will I be making more payments and then another CCJ will be done again soon. I just had no idea what was going on and I paid the warrant of execution today. I have also now had in the post details from this company which has a history print out showing the CCJ last year and the money I paid and then listing this one so i have evidence from the claimant that this is a second CCJ for one and the same debt. I am so upset as I just dont know what to do to get this company to leave me alone. Also all the phone calls and various documents all relate to the one debt but have contained a whole assortment of names (all apart from one which are based at the one address). The main address being: 5th floor, maintland house, warrior square, southend on sea. The solicitor is ELS & Cole and the various claimant names and phone conversations have been with rockwell and now the new name of arrow global ltd (when i googled them it showed as they are a company in manchester). so anyway is that form the correct way to complain about the solicitor and do i put their name on the form or the other names? also what else can i do in the interim to stop more court action and get this horrendous company to leave me alone finally. the latest letter is now demanding more money from me once I have paid the 2nd CCJ and is also asking me for copies of my driving licence and passport.
  16. My Situation: I wanted to be a part time motor trader so I started a business registered with hmrc and got some motor trade insurance. I sold my car for the capital and bought a cheaper car to run around in off ebay. It turns out that this car has outstanding finance when I did a HPi check. I didn't do the check before I bought the vehicle as the advert said it was HPi clear. I contacted the finance company (Black Horse)stated on the HPi check and they informed me that they do hold title of the car due to there being outstanding finance on the vehicle. They asked me to fill in a questionaire to determine whether or not I was an innocent purchaser. I filled out the questionaire honestly. There was a question on there asking if I had anything to do with the motor trade and I said YES. I then received a letter saying that due to me being involved in the motor trade I was not an innocent purchaser and I should have known. After some time I then received a letter from the finance company saying they want £3600 or they will repossess the car in 14 days. I called them up again and explained the situation and it turns out they had lost all of the info I had given them and I would need to fill out another questionaire which they will send out to me in the post. This never came. I called up 3 more times and each time the questionanire never came. I then called and asked for more information and asked to speak to the legal department. The telephone operator said I could not speak them but he will do for me in which the reply was "I was not an interest to them and that the car would not be repossessed and will stay in my possession. They are currently persuing payment from the person named on the hire purchase agreement". Although this eases my mind that the car will not be snatched back and that I don't have to pay anything the car still belongs to the finance company and is still registered on the HPi database until the person I bought the car off pays his debt. I believe that this person has not paid anything off of the original debt and it is possible that he never will. Should I hire a solicitor to see if I can get anywhere with this? Would a solicitor be able to do anything about this? Or I am just doomed to keep hold of this car forever? I would be grateful to hear anyones stories or advice that they have to offer. Thanks Matt
  17. Well those famous people at IND and Hegarty LLP are really proving their worth. Today i've also received a summons for Northamtpton County Court for a claim they have on a debt originally from a loan amount from Capital One of which was passed onto Robinson Way some 4 years ago. Robinson Way couldn't provide me with the appropriate evidence of a mutually signed agreement having followed the process outlined from the very good members within CAG. Looking around on the forum, there seems to be a lot of information given in lots of threads which is causing me a little confusion of where to start to reply to the initial court action notice. Would someone who has experience of communicating with the court and Hegarty's, kindly bulletpoint the actions I need to take at this early stage in order to keep on top of the process and try to highlight to the court that the action IND take has to be reviewed without them giving time to communicate with me in written form.. Many thanks for everyone's co-operation at this early stage. Regards Keith
  18. hi there i have an on going claim for an accident i had on a building site in April 2009. i have had several interim payments in the past. now my solicitor is asking me to sign a form for the next payment to be in their name, as they want to take out nearly £700, to pay for our own orthopedic surgeons report, which was done in dec 2009. am i wrong to believe that all medical reports, consultant fees, be paid by the third party.
  19. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  20. Hi recieved a letter today from redstone saying that due to an administrative error information about my mortgage account was sent to a private indivdual by email on the 3 August. I have had a lot of trouble with restone and recieved no help from these people in hard times , is there anything I can do regarding there error ? many thanks
  21. Hi Guys Long story short, in January we got a repo order suspended on our house for arrears including fees of £9,500. I have just received notice that my lender has asked for this to be actioned again and I am awaiting a date for eviction from the court. The original agreement was CMP + £200 which totalled £1156.07pm. Last month I could only pay £530 towards my mortgage (May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears. The mortgage details are; Lender: Mortgage Resolution Limited Type: Interest Only Rate: Fixed @ 9.51% until 08/10 Monthly CP: 956.07 Towards arrears: 200.00 What should I do? 1 When the notice arrives put in an N244 on what grounds? 2 Apply to my council for a MRS (wife is 6 months pregnant) 3 Ask the lender for a reduction in interest rates? 4 Resign myself to the fact that as this will be the third time at court I have no chance at all? Family details: 2 kids, 3rd on way, in receipt of WTC incl CTC of £920pm and wife earns £500-£600pm (fully declared). I am on DLA (lower rate). Thanks in advance
  22. Dear CAG, Can anyone help me out here. My son has been issued a court order for reposession, yes there are rent arrears but this was not the only reason why he is being evicted, the landlord wants his property back to sell I think. Anyway the council advised my son that he has to wait to go to court and then wait till the bailiffs come to evict him, only then he would be classed as homeless. Well today he went to the homeless persons unit and they told him basicially he is not priority and not guaranteed or words to that effect be housed. Apart from all this is the court cost and other fees from the letting agents solicitors which all mount up to about £800, my son is unemployed so I guess because i stood as gaurantor they will come to me for the money. What gets me if he knew he was not going to be housed by the council why would someone be it anyone get taken to court and cost themselves £800 only to be told to naff off. He has been on the bidding list for three years now and nothing yet Barking & dagenham has housed all the immigrants and no doubt illegal immigrants. God I feel like screeming can anyone tell me what to do and if this is justice on people that have been born in this country and and went to school and have no where to live. Please can someone help me out here. Mashmallow
  23. Hi all, My bank (Abbey) began repossession hearings against us (£4500 arrears), we pay £727 per month. Attended court 3 weeks ago and Abbey representative failed to show. Sat in front of the judge on my own and he ordered that "the matter be adjourned generally with liberty to restore", also advised that we make a written offer to the bank to clear the arrears (which we did immediatley). Bank wrote back and stated they would continue with repossesion claiming that they HAD attended and the judgement was made in their favour. I rang the court and asked how this could be, woman was not helpful, said she couldn't check and besides, the judgement had not yet been written out as they were "overworked". Advised that I wait a few days for the written order in the post. Waited 1 week and still nothing. Called the court again and explained the urgency (20th June deadline!) She confirmed the case had been adjourned! And faxed me copy of the judgement to that effect. So I thought I had a case for malpractice against the bank, until I received a SECOND judgement letter on Saturday ordering the repossession!!! Same Claim Number, different Judge. What should I do given that I now only have 2 days to sort this out? Can anybody help!!!!!
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