Noise induced hearing compensation loss claim

[Richhhhshel]

Hi.

Firstly I have no idea if this is in the correct section so someone please feel free to move if it's not.

 

Now,

my mum was cold called and foolishly agreed to attend a meeting to have an hearing test.

 

They paid for transport to and from a local hotel and

 

whilst there they told her she had suffered hearing loss probably from work.

 

She also at this time agreed that through their solicitor they could pursue the claim on a no win no fee basis.

 

I'm very sceptical of this and have tried to advise her that she should pull the plug,

 

however the last correspondence she received stated that she would be liable for costs if she pulled out 7 working days after receiving said letter.

This time as passed.

 

Also on this letter it states that although it's no win no fee she could still be liable for costs.

 

I don't really have a clue what to tell her,

 

can anyone advise on whether she can still pull the plug for no charge and

 

also just confirm that I am correct that this is some sort of [problem]

 

and that I'm not advising her out of a genuine claim.

 

Any help fully appreciated.

 

Richie

[honeybee13]

Hello there.

 

I agree that this sounds odd, but I'm not a legal expert. Would you be able to type out or scan the letter without personal details please, so the guys can have a look at them?

 

HB

[stu007]

Could I ask exactly where was the hearing test carried out?

 

Was she informed at all when the equipment used was last checked and calibrated?

 

Has she signed anything with them at all?

[BankFodder]

This is worrying - partly because of the way that it is being handled - but also because a claim could run her directly into conflict with her employers with unintended consequences.

I'm not saying that people shouldn't be compensated for work-related injury - far from it - but one needs to be careful and considered about the ay it is handled.

 

I think that you need to give us more details about which company, when did it happen, what have they done so far etc.

[dx100uk]

yea old industrial workers office spoof I think.

 

been around for a good few years.

 

dx

[steampowered]

Hi, when instructing a solicitor on a no-win-no-fee basis your agreement will normally state that you have to pay their fees at hourly rates if you pull out. Solicitors do not want to work for free, only for the client to pull out leaving them no chance of getting paid.

 

Not sure whether or not this is legit. The first thing is to find out what documents your mum has signed and get a copy. Also check on the SRA's website whether the firm is registered.

[sarahbb]

Hi,

 

You mentioned through their solicitor, are they a claims management company that your mum is dealing with rather than a solicitor directly?

 

If they are, then they have to act in the best interests of their clients and have conduct rules to follow under the claims management regulation code, more so when it comes to signing agreements.

 

Secondly, you would need to check whether she had signed a contract, if she has, then you would need to check the terms of the agreement. If she is in breach of those terms, she may be liable for the costs of the hotel etc. If she hasn't signed anything, they have a weak case and she could write to them stating that she did not sign any agreement and therefore not liable. The only way they could get the money is through a claims court, so it all depends on the contract and signature.

 

If it is a solicitor that she is dealing with directly, before they could agree to represent your mum through a no win no fee basis, they would have asked her to sign a "conditional fee agreement" which would state the terms of the agreement for representing her. Again, you would need to check this to see if she had signed and what the terms are of this agreement, e.g did they agree to pay the expenses of pursuing her claim before and she if pulls out she would be liable for the costs incurred etc.

 

The other point that you mentioned, "liable for costs under a no win no fee agreement". Usually, if the client wins the case, they will not have to pay for their solicitors basic costs, because the other side (loser) pays for this, but the solicitors can charge an additional success fee of a maximum 25% of the damages awarded, this amount can be taken out of the compensation when the claim is settled.

 

If they lose the case, they can be liable for opponents costs. But this can be avoided if they purchase a after the event legal expenses insurance policy, this is purchased before a client enters into a conditional fee agreement (no win no fee). Usually, the solicitor will make the client buy one of these policies to protect the client if they lose the case.

 

Hope that helps.

[sarahbb]

Also, this might explain the cost parts for no win no fee agreements,

 

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Edited June 9, 2014 by honeybee13
Link.