Express Solicitors @ExpressSols- Breach of Contract, court summons *** Claim Dismissed - with costs!!!***

[Ganymede]

Hi all. 

 

I am very familiar with Express solicitors and they are a well known and reputable law firm. 

 

Sadly the OP is in breach of the CFA for not co-operating and as such Express can pursue a claim for breach of contract as they are doing. 

 

They electronic signing is also lawful. 

 

Not requesting ID documents from the OP will not be a Defence to this claim.

 

Settling is the best option. 

 

I would argue that the charge out rate of £300 is too high. 

 

What was the grade of the solicitor/fee earner who dealt with the case? 

 

There will also be a lot of time charged that is not recoverable so you need a full breakdown of the fees. 

 

I would ask for a bill of costs from Express as well. 

 

Overall I can't see the OP winning this claim. 

 

 

 

 

[Ganymede]

I only have experience of Express on a professional level, not a personal one. 

 

The OP does have something to lose by defending. 

 

The OP could go to trial and win. Unlikely but possible. 

 

If the OP goes to trial and loses they'll have to pay £3000 odd. 

 

They could settle now for say £1500 to avoid that risk. 

[Ganymede]

The grade and hourly charge out rate will be detailed in the CFA and T&Cs the OP signed. 

 

The OP should ask for a bill breaking down all the time units charged and rate etc. 

 

On 02/07/2020 at 12:41, BankFodder said:

I take it that this is an offer that you are making to the OP on behalf of express?

 

Nope. 

 

I do not, and never have, worked for Express Solicitors nor have ever claimed to do so. 

[Ganymede]

It's not commission.

It's a deduction from the OP's damages as a contribution towards their own legal fees capped at a maximum of 25%.

 

What you said could be a good argument to try and negotiate a settlement with Express though.

[Ganymede]

 

I agree with you on this. 

 

But It's not a commission. 

 

See here for an explanation...

 

https://direct2compensation.co.uk/help-articles/why-you-lose-25-of-your-settlement-if-you-win

 

And I doubt Express are aware of this thread or will have a debt recovery department monitoring the internet for posts on forums. 

[Ganymede]

Call it a commission if you like, it's irrelevant and not helpful to the OP. 

 

The Government introduced the maximum 25% costs deduction from a client's damages in the Legal Aid, Sentencing and Punishment of Offenders Act 2012

[Ganymede]

Thanks. 

 

£230 is very high for a trainee or paralegal and if you wanted to settle this would almost certainly be knocked down.

 

The hourly rates are set by the SRA but often firms charge more than the SRA levels. 

 

Here are the current hourly charge out rates for reference... 

 

https://www.gov.uk/guidance/solicitors-guideline-hourly-rates

[Ganymede]

It's an option. But not without risk. 

 

The OP might end up better off settling directly before trial than leaving it to the Judge. 

 

Ultimately it's the OP's decision and risk to take. 

[Ganymede]

I thought it was because she was too busy with her work and couldn't be bothered with the hassle of answering calls and returning documents all the time and couldn't be bothered with it anymore after a year of the claim ongoing. 

[Ganymede]

On 27/06/2020 at 18:56, bigdaddy36 said:

she works in a very demanding roll and got really fed up with all the phone calls from this outfit

That's how I read the above. 

[Ganymede]

Just the impression I got from the OP and then later his wife's posts. 

 

Seems like it all became too much of a hassle and stress and she was busy and didn't have time for the claim so gave up on it. 

Edited July 2, 2020 by Ganymede

[Ganymede]

I don't think the medication trumps anything. 

 

The OP's wife is an adult with mental capacity to enter into a legally binding contract. She can read and willingly signed the CFA and T&Cs. 

 

Having depression doesn't prevent you from being liable and I doubt a Judge would dismiss the case on the basis that the OP's wife suffers from depression. 

[Ganymede]

You say pressuring and threatening, but it's a seemingly legitimate Court claim that's been issued for breach of contract. 

 

The Court system in the UK is adversarial by nature. 

[Ganymede]

Perhaps. 

 

But they'll not doubt argue that suffering from depression does not absolve her of liability for the breach of contract. 

[Ganymede]

Worth a try, alongside filing a formal Defence to the claim. 

[Ganymede]

The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee. 

 

Then everyone is a winner! 

[Ganymede]

Yes it does, but I was assuming court proceedings had not been issued and it's within the limitation period still. If so then it can happen. 

 

Unless Express think the solicitor/client relationship has broken down to the point of no return that is. 

 

Just another option for the OP to consider. 

[Ganymede]

5 hours ago, Stormy1976 said:

Thanks for your response @London1971,

 
Yes I will report them to ICO. I will write to Managing partner as well tomorrow- but I am not holding my breath as the firm seems to be rotten, the person who's dealt with the  response to my SAR is in fact a partner at the firm and yes larky...how embarrassing and I can't believe I am dealing with such bullies.

 

And before anyone says I am being harsh, this is precisely why I couldn't handle them any more - because of the way they conducted business, called like sharks, were rude on the phone- particularly their legal executive who dealt with the case.

 

I have believed in the British judicial system and  that only the best and those with a high degree of honesty go to study to become lawyers and work in a law firm, but this is not the case.

Ok now off  to the ICO website.

Report the to the ICO on what grounds? 

 

What specific paperwork did you ask for? 

 

You are not entitled to the entire file of papers under a SAR and the Civil Procedure Rules cover disclosure of documents in litigation. 

[Ganymede]

What has a breach of contract Court claim got to do with the ICO?! 

 

It's interesting that the ICO think that Express should disclose transcripts of telephone calls though. 

[Ganymede]

@Manxman in exile

 

Good post. 

 

[Ganymede]

The OP was recommended to ask for a breakdown and formal bill of costs earlier in this thread. 

 

However, it seems that the OP has focused on the DSAR and complaint to the ICO instead. 

[Ganymede]

@London1971

 

Should have included what? A bill of costs? 

[Ganymede]

If a case is funded by a CFA and ATE insurance policy then you would not expect to be charged or billed anything if you follow your solicitor's advice but the claim is unsuccessful. 

 

Providing the client has not been "fundamentally dishonest" about their claim then they won't have to pay the other side's legal costs if the claim is unsuccessful either. These are covered by "Qualified one way costs shifting". 

 

However, if the client breaches the CFA by refusing to cooperate or follow their solicitor's reasonable advice then the solicitor can sue their client for the legal costs and disbursements incurred up to that point. 

[Ganymede]

A SAR does not entitle the client to the full file of papers unfortunately. 

 

And at this point a full bill of costs probably hasn't been created yet as it's not been requested! Express can't disclose what doesn't exist! 

[Ganymede]

12 minutes ago, London1971 said:

I saw my marketing director with 20 years of experience booted out unceremoniously after botching GDPR. My company took it that seriously. A fine for them would have been in the millions potentially.

 

Sure there are things she’s not entitled to but Emails, phone conversations, screenshots etc are all in play.

 

So they are either ignorant of the laws, or deliberately think it’s ok not to comply.

 

Which, I would personally do is report it, then email / write the managing partner that I’ve reported it, and why. 
 

The liability is too massive for their company to take that risk.

Which is all great but detracting from the most pressing issue of what date is the Defence due and what are the legal arguments against this breach of contract claim.