PLEASE HELP! URGENT Allocation hearing TOMORROW!

[Parent84]

Legal Pickle - I apolgise if im now beginning to bother you I dont mean to do this!

 

The thing is im no longer in a financially secure position where I can afford to pay for legal costs - thats why Im here seeking help and advice and writing silly defence statements.

 

The next hearing is an allocation hearing - if at that hearing I explain to the judge that I shall not be available until June (as i genuinely am going abroad to visit her as she has become really ill) would you be able to commit to helping me with this case?

 

im stuck and I dont have anywhere else to turn....

[Parent84]

visit my 80yr old mother*

[legalpickle]

Apologies but I have too much on my plate and it is growing rapidly!

 

3 cases are awaiting allocation which will have hearings scheduled in June & July. I'm going on holiday for May, so when I get back have to make even more money.

 

I just can't take anything more on at the moment. I'm turning work away.

[Parent84]

I understand. I live in east london, how much would a solicitor that you recommend charge to take on this case? Just for some peace of mind - how much do you think I would have to pay out to the college in the end if a good solicitor takes on the case?

[legalpickle]

I understand. I live in east london, how much would a solicitor that you recommend charge to take on this case? Just for some peace of mind - how much do you think I would have to pay out to the college in the end if a good solicitor takes on the case?

If a darned good Solicitor took on the case, then they'd be paying you; but it is IMPOSSIBLE TO PREDICT COURT PROCEEDINGS.

 

You can get decent Solicitors for between £130 +VAT per hour to £190 + VAT per hour.

[Parent84]

Could you kindly recommend a solicitor, based in East london, who you think could win this case for me.

 

Thanks for your help.

[legalpickle]

1st part of postcode (E1-18?) would help.

[Parent84]

E17

[legalpickle]

The two firms coming up nearest to you that deal with consumer & contract law are:

- Richard West Freeman Cristofi LLP

- Gilbert Turner Coomber

 

Commercial links are against CAG rules, so go to The Law Society - Home, select 'Find a solicitor' and then search for the above names. If you click on then when they show up, you can see their websites and contact them.

 

I can't make a recommendation either way for either of them as I've never heard of either of them, but I can't seem to find anything bad about either of them either.

[Parent84]

Thank you.

[Parent84]

Hi Legal Pickle,

I visited both solicitors today but they don’t seem particularly confident about the case and are estimating costs to be around £4000.

I know you're busy - but you seem to have in your mind a path that we could go down that we would make this case work in our favour. I have a niece who is a trainee solicitor and would be willing to do the work for me but isn’t really sure on what line to take it as she is new to this. If you could kindly take out a while and just direct me on the path I should take then I would really appreciate that. I can also pay you for your time just to point me the right direction. I really need your advice, I just know if you took the case on I could win and if you are willing and out of the generosity of your heart would take my case on then I would pay you are asking fees as I know that I would win the case and the fees would be recovered. I really am in a terrible financial situation.

[legalpickle]

I'd love to, but I don't have a spare minute!

 

I got back 5 mins ago and am going out in 10 mins & won't be back till 7ish. I then have a meeting at 8ish till 10ish.

 

Tomorrow I'm in court from 10am till 2pm. Thursday I have a meeting from 10am till 2:30pm. I've still got to do some more stuff for myself.

 

I'd love to but I just can't.

[Parent84]

I understand that you're busy but all I need is 5 - 10 minutes of your time to just state what argument I have to support my case - I wish I knew the law but I dont. I wish I could afford a solicitor but I cant. I wish I didnt have to keep embarrasing myself and annoying you by asking you the same question over and over again - so i guess this is my last attempt. I have three requests:

 

1. Please briefly whenever you have ten minutes to spare just quickly outline what you believe are the arguments to support my case.

2. I am going to try and adjourn the meeting to July - would you be able to commit to helping me then?

3. If you will not do either of the above can you recommend me a solicitor who I can talk to about this case who you know can win this case for me, I know nothing is definite. I am willing to travel.

 

Please do not take me as being rude or annoying i am just stuck in a really bad situation and at the moment you seem to be the only one out there who can help me!

[legalpickle]

I understand that you're busy but all I need is 5 - 10 minutes of your time to just state what argument I have to support my case - I wish I knew the law but I dont. I wish I could afford a solicitor but I cant. I wish I didnt have to keep embarrasing myself and annoying you by asking you the same question over and over again - so i guess this is my last attempt. I have three requests:

 

1. Please briefly whenever you have ten minutes to spare just quickly outline what you believe are the arguments to support my case.

2. I am going to try and adjourn the meeting to July - would you be able to commit to helping me then?

3. If you will not do either of the above can you recommend me a solicitor who I can talk to about this case who you know can win this case for me, I know nothing is definite. I am willing to travel.

 

Please do not take me as being rude or annoying i am just stuck in a really bad situation and at the moment you seem to be the only one out there who can help me!

I am sorry. I cannot commit to anything.

 

Adjourning to July would be for a hearing meaning that documents would need to be filed at least a month before.

 

You need permission to file an amended defence and counterclaim and sufficient time to prepare this. I doubt you can prepare it yourself - no offence meant.

 

A case of this size - and whoever deals with it would need to see EVERYTHING - would take somebody with my abilities & experience in this area - and I'm not a Solicitor - 20-30 hours. A Solicitor with more experience than me should take about 15-20 hours in my opinion, though could take less.

 

This is in addition to hearing time which could easily be 4 hours.

 

I have already stated why I cannot give a short answer. There is no short answer. It would be incompetent of me to give a short answer, or pinpoints to your arguments.

 

Briefly, services promised were not provided to the standard expected. But the legal arguments are a lot more complex than that and - being an educational issue - do not only centre on contract law.

 

I am sorry I cannot do more than this.

 

I am loathe to recommend a Solicitor in the Greater London area that would have a speciality in this area, because I am not in touch with people in that area so much. I have access to the same Law Society website and other websites that you do.

 

I live in Greater Manchester but any Solicitor here would charge you an additional arm and leg because it's in London.

 

Good Luck.

[caro]

Hi legalpickle.

 

I went to the hearing and the other party didnt show up - the finance officer of the college called in ten minutes before the hearing to say he was unwell and wouldnt be attending.

 

When talking to the judge - he seemed clear in his understanding of the case which was that we owed two terms fees for two AS subjects and we should pay that since as matters stood at the moment we were on the wrong side. The judge said the other party rightfuly refused to give a reference as they werent paid their fees.

 

Do you think I do have a case or should I just cough up before the costs begin to build?

 

Thank you.

 

Try not to worry too much. As a litigant in person the judge would not expect the same level of documentation that a solicitor would provide. I agree with LP that it was a mistake to mention fraud which is a criminal offence and serious allegation not to be made lightly.

 

Presumably there must have entered into some kind of agreement with the school when you committed yourself to paying all this money. If you don't have a copy it might be worth asking them to provide one. For example there may be clauses about withdrawing from a course or giving notice.

 

Only you can decide if you should fight this case. I notice that the other side are not claiming any solicitors costs so that shouldn't be an issue. I understand that you've seen 2 solicitors yourself, and the judge has implied that you should settle, so perhaps you should take the advice on board. At least your son could have his certificates then and you can both put this behind you.

 

If you can though, I think that you should at least pay for the 2 terms and 2 exams that your son took. It will stand you in good stead in court that you have resolved the issue in part and I guess will take the case below £5k and into small claims.

 

If you can't afford to do that then you may have to consider coming to an arrangement to pay by installments.

 

In all honesty I think the college have done a bad job with the POC. They have claimed for a trip that you have paid for, they have not itemised how they have arrived at that figure, and they've included no legal basis for the claim or a contract, so it's really quite difficult to know on what basis the are making their claim from a legal point of view.

Edited February 19, 2010 by caro