x20 An update on my request for files from solicitor = the solicitor involved still insists she will go back over files and forward the "missing items" to me. Several emails later where I am insisting I want the "whole files" - she is still insisting she needs to "review" the files before she releases them to me. I said I'd be willing to collect them from her offices on Monday 29th Sept 2008 - should she be unwilling to forward these files. She hasn't confirmed one way or the other which it's to be etc.. I shall give her untill mid afternoon tomorrow and if I don't get a positive response one way or the other I will copy her senior colleagues into this and ask for their assistance etc.. Looks like I'll have to push harder. I get the feeling that she is trying to guess what I am looking for within the files etc.. so is stalling for time to guess my plans?

MAGDA try this link here for info on wasted costs orders etc.. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

Message to self ..... NEVER READ WITH MOUTHFUL ha ha ha

x20 I can't thank you enough for this information. My Original SAR requests were sent in January 2008 and through one excuse and another (lost recorded delivery letters, mislaid emails etc..) we have never had the entire contents of these files although the SAR was clearly worded that this is what we wanted to receive. These solicitors have been "choosy" in what they've given to us in relation to this. There is absolutely nothing suggesting any court / judge had over looked the "minors" settlement was fair and correct etc.. I shall do as you suggested and will write a letter requesting these entire files and will arrange to visit their offices and collect them. Once I have got these files I shall come back with what I find. At the moment I just have niggley suspicions something is not / was not right - having the whole file will tell the whole story. Thank you for your help. Elizabeth1

x20 Thank you so much for this help I really do appreciate this. I willl ask for complete copies of the files (I have already paid £40 SAR to these solicitor for 4 people files) will write asking again for the entire contents of file. I will explain what has raised my suspicions/interests in these cases again. There was a "minor" claimant amongst these cases - as legally the minors money won ought to have been kept at Court till reaching 18th Birthtday - the claim was paid in 4 elements at different times/stages over a 12 month period. The minor never received any interest on his money at all and nothing in his file suggests his money was ever with a court. Witness Statements were prepared for claimants - again there is no evidence of a claim being placed in court etc.. Defendants letters repeatedly ask about where case is going to be file etc.. right up to final part 36 offer. The only way I will see the entire claim is by contents of these files - it seems the solicitors involved don't want to do that - it previously took 6 months (three recorded delivery written requests all signed for) as it happened the letters were not reaching the claimants solicitors apparently. But it was requests sent to the same person and address that had been used for 3 years without anything going astray. I could be wrong with my suspicions - BUT there are just a few things that don't add up. Thanks again for your help. Andrew1 - me sorry for for hogging your thread but you know what me like when me gets a bee in my bonnet

Surfaceagent20x I've a question about Part 36 offers too. I am thinking along the lines of a personal injury claim as a claimant. Scenario is the claimant was led to believe the claim had reached court stages. The Counsel's advice had been sought, witness statements had been drawn up, it had been said papers had been drawn in court. Defendants made Part 36 Offers - for whatever reasonings the solicitors representing the claimants insisted "this is best offer you'll get - don't risk a hearing you'll lose and be liable for costs". Solicitors spoke of scary figures to ensure settlement went ahead. Consequently compensation was paid out and solicitors took their cut. (this was done on a no win = no fee basis = case was won so claimant had to pay solicitors a lump sum from awards won) Now upon doing an SAR asking for complete copies of the files off solicitors several things came to light. No evidence of any official court papers amongst files at all. No Correspondence between the solicitors involved and court of any description. General feeling is a much higher settlement could have been achieved. Solictors bullied to end the case. Letters shown between claimants solicitors and Defendants Legal Dept only days before settlement was reached Defendants are clearly asking the solicitor "which court are you filing in?" = clearly the case has never been filed despite numerous telephone conversations and emails the solicitor insisted case was already filed. A "minors" (under 18) money was held back till months after 18th birthday - was told by solicitor money was at court held till 18th birthday etc.. - absolutely no evidence at all his money was held by court ever - and eventually cheque was from solicitor involved not the court. There are plenty of other descrepancies but the above is just an outline. NOW MY QUESTION is should this case have been setled CPR PART 36 while it wasn't in court ? Can this be used still if proceedings haven't gone to court at all ? = while no papers had been lodged in a court at all. Should the solicitor take costs from both the claimant and defendants? My reasoning is these solicitors took quite a hefty sum from the defendants as in £10,000 - but also took around 25% of the compensation awarded too. Are they allowed to take money from each party like this under a CPR part 36 settlement? I am just curious and need to fathom the next move with this cause I don't know how to deal with it. Any reply will be greatly appreciated as I am in the dark about this CPR Part 36 stuff.

LOL Brilliant

I am sure OFT say that these companies shouldn't be encouraging customers to borrow and go more into debt to repay them etc.. I have read this and will try find it for you. Don't do it - they shouldn't be asking you to repay like this.

A point a lot of these companies need to realise is that their licenses are a "Privilege" and not a right!!! Rules are also there for these "privileged" companies to adhere to - it's hight time these companies kept to obeying their part of the law that they are governed by. Like the old saying goes "Practice what you preach" comes to mind My question is how do these companies bend the rules and regulations the way that they do and expect consumers to just allow it to go on? Doesn't matter whether they call us Rogues, Dilinquents or any other names - we are here and won't allow companies to do this without a fight on our part. All these companies need to do is act responsibly and adhere to the laws and regs too. It's really simple isn't it?

I thought this thread was started today - it's what it shows on the first post anyway

Martin3030 - THANKYOU FOR BRINGING THIS TO OUR ATTENTION I am sure it will help many who are dealing with this company. Interesting letter from Cabots too seems they are as confused as ever

Good Luck !!

Well Done Zeddy - glad you got such a good outcome!! Ellen you are a star xx Well Done Absolutely brilliant work on this!!

Well Done Zeddy - glad you got such a good outcome!! Ellen you are a star xx Well Done Absolutely brilliant work on this!!

Sorry I haven't had a PM from you yet - could you copy it to me again please? (If you click on my name in my avatar you'll be able to send me a message through that screen on the left hand side)

Bobbalott are there any updates to this?

I think we need to keep in mind - we see a lot of threads just "drop off" because the various companies, DCA's etc.. settle out of court. Often there will be things like Confidentiality Agreements written into settlements - this means that people can't write about the end results of cases for others to see because it has to be kept secret. Not everyone who wins is allowed to yell out about it. Within the various forums it may appear to be looking as though posters lose interest and don't follow cases through - BUT be assured that people are winning. Take with that the thought that if these companies were right - they'd certainly not be settling out of court the way they are. Those who are losing are posting in a bid to warn others of pit falls etc.. - those are very few and far between. Keep reading as you'll see loads in here to help you - and always remember to "read in between the lines" too. I've had a few cases where companies wouldn't even go past AQ stage where I used the skeleton in my signature - cases were settled without court etc.. - so YES we do win!!

Aww!! I thought you were this nice snuggley thing are you 5' 10" with or without your killer heels??? Just thought I'd ask Good post though - it is nice to have the rep point thing to thank posters here - cause there is such a lot of good work go on in here. Despite the seriousness of why we are all here - there are days where I fall about with laughter at some of the posts I read - it's great to see that so many still maintain a good sense of humour and we can laugh still. Good work everyone!!

I think you hit the triangle in the left side by your avatar thingy and attract the attention of a MOD / Site helper and they will change your title to you won Apologies to mods if I'm wrong - but I'm sure you guys would love to know anyway

LOL Sarah - I'm saying nothing BUT laughing loads!!!

well done - nice to see you won!! is there anything you can tell joghuj about the rankines stuff that Cabots are relying upon in their defence in his thread by any chance? http://www.consumeractiongroup.co.uk/forum/legal-issues/95027-cabot-county-court-claim-20.html

Kenny I am fine thanks - laughing loads at this "rep whore" stuff I'll bet Sarah has been called some things in her time BUT "rep whore" is a new one? ROFLMAO

Should we join them? Make a thread warning SELL - SELL - SELL !!

Congratulations !!! Cabot lose again!! :D Hodsons must be really proud of themselves