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

[BazzaS]

3 hours ago, BankFodder said:

Although it's a bit late now and doesn't help you, you should also know that no win no fee doesn't mean that if you lose, you are not responsible for the costs of the winner.
 

 

It does, providing:

a) the claim isn't "fundamentally dishonest', and

b) you follow the advice of the solicitors.

 

if there isn't a problem with a) or b), then the other side's costs will be covered by ATE (after the event ) insurance,

(it'd be very unusual for the solicitor to not arrange that - when you could go after them for the costs....

[BazzaS]

Do (did!) you have legal expenses cover through your car insurance?
 

if the solicitors accepted the case on a no-win, no-fee (NWNF) basis, and looked towards ATE (After the event) Insurance, they are supposed to check you don’t have pre-existing insurance (BTE - before the event - Insurance).

 

If they didn’t check / advise you - that might provide you with a get out!

 

edited to add 

Collision was in March 2019, so you are still in time to issue  court claim against the other driver / the MIB (provided one hasn’t already been started & discontinued)

Edited June 28, 2020 by BazzaS

[BazzaS]

CPR 31 doesn’t apply to claims on the small claims track (CPR 31.1(2))

 (so they MIGHT try & use this to disclaim a duty to disclose).

 

I’d hope not but if they did try it on : point out that although it seems likely this will be on the small claims track, it hasn’t yet been allocated to a track, so CPR 31.1(2) doesn’t (yet!) apply. If they did try it on you could also point out that with them being solicitors and with you as a self-represented litigant they shouldn’t use you not knowing the details of the CPR to mislead ........

Edited July 22, 2020 by BazzaS

[BazzaS]

On 28/06/2020 at 13:37, BazzaS said:

Do (did!) you have legal expenses cover through your car insurance?
 

if the solicitors accepted the case on a no-win, no-fee (NWNF) basis, and looked towards ATE (After the event) Insurance, they are supposed to check you don’t have pre-existing insurance (BTE - before the event - Insurance).

 

If they didn’t check / advise you - that might provide you with a get out!

 

edited to add 

Collision was in March 2019, so you are still in time to issue  court claim against the other driver / the MIB (provided one hasn’t already been started & discontinued)

 

I don't recall seeing a reply to if there was BTE insurance in place, and if there was, if Express asked if there was existing cover?.  ........

[BazzaS]

Have you raised this (the existing BTE insurance):

a) with Express, and / or

b) highlighted this in your defence (and /or witness statement) ?