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Constructively dismissed then screwed over by the solicitor supposedly representing me! Help please?


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OK, short version;)

 

I was unfairly dismissed from my job back in July '09 and subsequently was advised to used the services of a firm of well known solicitors. The solicitors were advised of the particulars of the case and agreed to represent me on a 'no win no fee' basis. The paperwork and contingency fee arrangement were sent to me and arrived on the morning I was flying out for a well deserved holiday. I phoned the solicitors and advised them of my return date to UK and explained that I would return the paperwork to them on the very next day.

According to the solicitors, they never received the signed paperwork even though other post that was mailed at the same time, arrived at it's destination:?

Several phonecalls were placed with the solicitors call team, but no response was ever received.Yeah, I know - I should have panicking then!:-| The solicitors claim that they sent me a letter early September warning me they were closing my file, but this was never received by me. I hand delivered a copy of the original paperwork to the solicitors office ( a 100 mile round trip) and explained the communication problems I was having. They said they would crack straight on with my case and update me at a later date. 2 weeks later I finally get a phone message left by the person dealing with the case telling me that they need either a long phone call, or an appointment with me. I respond immediately leaving a voicemail with the solicitor which took yet another week to be returned:-| The appointment was made for a meeting at the local office. The day before the appointment, I receive a letter stating that the solicitors were now no longer able to continue with my employment tribunal claim as the statutory time limit had now passed. There was a hand written compliments slip attached to the back of the letter telling me that the appointment could still go ahead:?

So, I met with the guy and he informs me that;

a) he's sorry about the screw-up

b) I had a very strong case against my former employers which is why they accepted the case on a no win no fee basis.

c) that I should consult with another lawyer about the possibility of persuing a professional negligence claim against his firm, and that he had already consulted with one of the senior partners of the firm, and written an explanation letter to his firms' insurance company:-o

 

My dilemma is that it was never really about the money with my old employers, it was more the principal. Now however, I've been unemployed nearly 5mths and the savings have almost ran out, with no prospect of employment in sight:cry: I did a quick online damages assessment of what I could have possibly been awarded at a tribunal and it was just shy of £60k. Now that would have been very nice indeed and would have been just the kick in the pants my former employer needed. I'm assuming that I can claim this back as damages from the solicitors should I win, and I'm assuming from the old solicitors revalations that this appears to be a probability.

So, does anyone have any previous experience of this type of saga, or can recommend a fantastic solicitor who knows how to use a phone?

 

Thanks in advance.

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If a solicitor has recommended you sue them under prof neg then sue them - their insurance company will put up a fight for a bit but will probably then settle. It must be a damn good case if the solicitor is recommending it!!

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