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    • Hi,  I'm new here, and hoping that this is the right place to post this.   I applied for pip and was awarded standard mobility (10 points).  I did an M.R. but got the same result. They acknowledge that I can't leave my house without having someone with me. They accept that I'm not completely housebound as I go out to appointments, which are not a regular occurrence, they also said that they can't award me enhanced because I'm not out most days.  Is this correct?  Surely it shouldn't matter how often I go out? 
    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
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    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
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cliff67

|Weightmans Solicitirs

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My wife has recently received a letter from Weightmans informing us that we had a charge on our house of £9306 and interest being added at 8%.

Apparently this happend in April 2008 and we had no idea this had happened.

We had been renting out our house and we have received nothing. My wife gave me permmission to ring them and I could not get a straight answer back as the idiot on the other end did not seem to have a clue. He said that we should have received numerous letters and court papers, but as I said we never did as the hosue was rented and nothing forwarded. I asked for the court details, which was Northampton, but they said it had been transferred to Newcastle, they knew nothing about this? I am still trying to get through to Northampton for details. The original debt is £7158 and they have added over £2000 in charges, is this right? Also Weightmans have no paperwork from HFC bank i.e. agreement, statements etc, so how can they file a court case etc without this paperwork?

My wife is really stressed and it is putting a strain on our marriage.

Can someone please help with information with regards to the charge on the house as the original loan was unsecured and also the house is in both our names. Can they do this when my wife does not own the house on her own? Please help.

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I'd say that if you can prove that you weren't living at the house and your mail does not get forwarded then you should apply to get the original CCJ removed and it should quite easily be set aside.......was the CCJ against yourselves or somebody living there ? any chance it was fraud ? i.e. somebody may have taken a loan out in your name ? - You can find details of the CCJ here - CCJs, court orders & fines - Search yourself and others - Trust Online and to get the charge and CCJ set aside you might find these helpful - Removal of CCJ's - Step by step guide to the process


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Thankyou! This has really been helpful. I have printed off the N244 and will get this sent off asap.

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Thread moved to Legal Issues.


 
 

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