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Showing content with the highest reputation on 22/07/20 in Posts
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The OP needs to ask Express for copies of: * Signed CFA and schedules. * Signed T&Cs. * Signed authority to commence. * ATE policy schedule and information. * All postal and email correspondence between the OP and Express. * All telephone notes between the OP and Express. Not as part of a SAR but under the CPR. Also a full breakdown and bill of costs. This needs to be done today.2 points
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Welcome to the Forum. I have moved your topic to the appropriate forum Postal and Delivery Services Please continue to post here. Andy1 point
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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 ........1 point
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I'm not sure but I think Ganymede may be suggesting(?) you need to ask for that information formally under the Civil Procedure Rules rather than via a SAR. That way they can't refuse to comply. I'm not certain because I'm not a lawyer, but I think it might be rule 31? I'm sure somebody else will know. (Sorry - all getting complicated).1 point
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std response from PRA to a CCA request. they still only have 12+2 working days. dx1 point
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The point about NWNF lawyers is that they provide a service to litigants who don't want or aren't capable of suing a third party themselves. The lawyers in this case didn't volunteer to intrude on Stormy's life, she went to them because she wanted their help to sue somebody, and then she freely entered into an agreement with them which presumably entitled them to recover costs and expenses they incurred before she (allegedly) breached the contract by discontinuing the case. If the OP has, by discontinuing the original claim, prevented the solicitors from recovering the expenses they have already incurred from their "success fee"1 point
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Actually, my view on lawyers is excellent in general. My view of nasty no win no fee ambulance chasers is very jaundiced indeed. The reason why GDPR exists is the very essence of the right to know. For example , the OP’s right to know what was said in her phone calls. Or even screen shots, with notes. Otherwise she is at an unfair advantage. So we are in a situation now where the OP knows nothing, and the law firm knows everything . This is against the very essence of GDPR. It’s more likely than not is that Express deliberately wasted her time for 30 days, and didn’t comply. Unfortunately for them there are1 point
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