1st Credit & LCS Battle - court papers received - help

[AndyOrch]

Here’s the reference. Wonder if it still holds? If so, it looks like Mr W is a paralegal all on his own – is that allowed without an actual solicitor?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289045-Merry-Christmas!!-Look-what-just-hit-the-mat!!/page5

 

Something above for you to investigate further. Also any supplemental evidence (WS) must be agreed between the parties and served in time.

Failure will allow you to object to it being submitted/ considered or even the witness not being allowed to give oral evidence.

[DonkeyB]

I can find no reference to LCS Solicitors being a solicitor with the Law Society. Hmmm... have they actually send anything claiming to be “LCS Solicitors”? Suggest a call to the Law Society or the SRA to check up on this.

[BRIGADIER2JCS]

LCS was litsted for a short while by the SRA as not

active but this was remedied by Najib Nathoo the thje CEO

I have a letter from hin=m on this somewhere, Robert D. Marr

is the figurehead Principal Solicitor Colin Watts seems to be

the only paralegal on the firm, which is now fully registered.

Brig.

[newman]

Something above for you to investigate further. Also any supplemental evidence (WS) must be agreed between the parties and served in time.

Failure will allow you to object to it being submitted/ considered or even the witness not being allowed to give oral evidence.

 

Hi ANdy when you say supplemental evidence do you mean witnes statements from other people I may want to use as a witness or my own WS and or any supporting exhibits I may want to submit

 

a quick question - If a solicitor writes and states something like "We shall be pleased if you acknowledge receipt". and then you send a response back something along the lines of "further to your documentation received xx/xx/2011 receeived three days later at my premises on xx/xx/2011 in connection with the above. Your witness statement was received along with supporting exhibits"

 

does this mean you have agreed to the content of what has been written or are you simply letting them know the stuff they posted has arrived?

Edited November 28, 2011 by newman

[newman]

Thanks to everyone else who has posted since yesterday.

 

Firstly the letter I have from Mr Watts definately states in big bold letters to left in a box LCS with the word Solicitors underneath. Interestingly at the bottom the footer reads as follows

Principal solicitor R D MARR

LCS solicitors is the legal division of 1st Credit Limited, registered in England and Wales number 3752940

Registered Office: Hill House, 1 Little New Street, London, EC4A 3TR

 

I have just looked at the letterheads I have here in my office for three solicitors that we have been working with since 1st Credit bought the account and on every single one of these letterheads there is a statement that says "xxxxx solicitors are regulated by the Solicitors Regulation Society or xxxx \Solicitors are regulated by the law society

 

there is nothing to this effect on LCS headed paper.

 

Well I have lots of news but I will have to keep you all in suspense until tomrrow at the earliest as the latest developments are most interesting indeed.

 

I will have a look at the thread mentioned and I am sure our friends from LCS & 1st credit will too.

 

Well only two more sleeps until the big day - and am I getting excitied.!!!!

 

I notice our mystery guest is still with us.

 

And finally for now this is a hiuge thanks to all the friends I didnt know I had - thanks guys for all your messages - your support is hugely appreciated. you all know who you are.

 

Well I have just hit the 100 hour mark for working on my response to MR W's WS since last Monday. two hours sleep last night and I hit the magic 100 number a little earlier this afternoon!!!

Edited November 28, 2011 by newman

[BRIGADIER2JCS]

HI newman,

I had well in fact discovered the fact that LCS were not

properly registered and still have the letters and e-mails on file

regarding the validity of LCS originally the SRA stated that LCS

had ceased to trade as no solicitors worked for them any longer.

This was infact correct but the figure head of MR. Marr although

as I understand it does not work from the LCS premises which

is where the confusion arose.

 

Brig.

[AndyOrch]

Supplemental WS from our friend above Newman

[citizenB]

Hi ANdy when you say supplemental evidence do you mean witnes statements from other people I may want to use as a witness or my own WS and or any supporting exhibits I may want to submit

 

a quick question - If a solicitor writes and states something like "We shall be pleased if you acknowledge receipt". and then you send a response back something along the lines of "further to your documentation received xx/xx/2011 receeived three days later at my premises on xx/xx/2011 in connection with the above. Your witness statement was received along with supporting exhibits"

 

does this mean you have agreed to the content of what has been written or are you simply letting them know the stuff they posted has arrived?

 

You are just acknowledging that you have received the package as sent. Not that you have read it and agree.

[BRIGADIER2JCS]

CB is correct newman acknowledge receipt but never

agreement or consent without due consideration.

Brig.

[newman]

thank you chaps - very helpful indeed.

 

Well in terms of agreeing to the extra little gem that Mr W sent through I think we can all make a reasoned judgement about how I fel about that one. it will be very interesting to see what the judge makes of it too because i am sure he will have an opinion about this too.

 

Would love to say a lot more about the developments today but as I only had two hours sleep last night - well this morning to be precise I am calling it a day and I am sure you can all wait. Tomorrow should be interesting:) I think I would like to be in Surrey when the post arrives at a certain office:)

[BRIGADIER2JCS]

Good evening newman,

I would just like to wish you

every success tomorrow please

try to keep your submissions

as clear an concise as possible

don't forget if you need advice

on law put forward by Mr. Watts

ask the the judge or state that you

do not understand, if Cag is mentioned

simply state that you are at liberty to

seek advice where soever you wish.

Good luck and best wishes.

 

Brig.

[newman]

Good evening newman,

I would just like to wish you every success tomorrow.

please try to keep your submissions as clear an concise as possible.

don't forget if you need advice on law put forward by Mr. Watts ask the the judge or state that you do not understand,

if Cag is mentioned simply state that you are at liberty to seek advice where soever you wish.

Good luck and best wishes.

Brig.

 

Brig thank you so much for your advice and best wishes - believe me both are extremely welcome and very much appreciated.

 

I have taken note of everything that everyone on here has adivsed me and I may or maynotneed to use it tomoorw but we shall see what happens.

 

I am still unable to reveal some things that have happened at the moment and my next post will explain why.

 

Again Brig - enourmous thanks.

[newman]

##UPDATE

 

Well chaps we are now less than 10 hours away from the hearing. Apologies for the lateness of this post but it has been another long day.

 

I was hoping to give you all a very detailed update or recent events of the last few days but again I cant so I may have to just post tomorrow afternoon after the hearing.

 

What I can tell you all is that another letter came today from LCS. and I dont have time to scan it now so I have summarised it below - very interesting.

 

Letter from LCS Solicitors

 

Dear Sir

 

Our CLient 1st Credit (FInance ) Ltd

 

We enclose our clients Statement of Costs by way of service upon you.

 

Yours Faithfully

 

LCS SOLICITORS

-0-0-0-0-0-0-0--0

THen a 2 page statement of costs with it !!!!!!

Main points below (sorry to late to scan)

Description of fee earner

COLN WATTS D £111.00

WORK DONE

Review application, considering file and instructions to counsel. C Watts 1.6 hours

£ 177:60

Work done on documents

6 letters @ £11.10 each

£ 66.60

Attendance at hearing

Toby Riley-Smith. Counsel. Call 1995

Counsels fee.

Fee for preparation of witness statements of C.Watts

£ 1000:00

Fee for hearing

£ 850:00

VAT

On Counsels's fees @20%

£ 370:00

TOTAL

2464.20

These costs estimated above do not exceed the costs which the claimant is liable to in respect of thje work this estimate covers..Counsel's and other expenses have been incurred in the amounts stated above and will be paid to the persons stated.

Dated 28th November 2010

Signed

Colin Watts

Name of Solicitors

For the Party

LCS Solicitors

[newman]

So It looks like Mr Watts is not going to be at the court mmmmm very interesting.

 

I have a question for Andy or Brig or any one - what does the bit mean that says next to Toby Riley Simth. Counsel. Call 1995 - what does the Call 1995 mean?

 

Well I find this an interesting document - £111.00 an hour making him on £888 a day - which is good becuase I havent yet submitted my costs to the claimants and they have absolutely no idea what my hourly rate for consultency is but it certainly will give them something to think about. Just since they sent the papers last Monday I have worked in excess of 100 hours to prepare and finalise my response and that doesnt include all the other hours since they issued the original court order at the NCCBCC. I have lost so much time out of my business dealing with this and last week I did nothing else so we have a many business days lost because of this!!!

 

All of the other hours are logged into my timesheet system (Yes I do have such a thing. very sad I know but there you go!).

Sorry guys but on this matter of submission of Statement of Costs - when do I need this in by? Can I do it after the hearing or do I have to do it before at the hearing in the morning?

 

Also they have entered this statement but not provided any evidence as proof that it did take them that long to do the actual work they have claimed for.

 

Can I request that they provide evidence for the time that they have stated and also can I ask them to explain what these 6 letters are too?

[newman]

OK final post then a few hours sleep and up again for an interesting day.

 

Firstly I want to say to everyone who has posted on this thread to help me and the whole of the CAG forum generally THANK YOU because without your help I would not be in the position I am now. My wife and I really do appreciate your support help, advice, and good will messages. Also I have had some excellent help in other ways from Caggers and you know who you are and what help you have given me which has never been publicy posted and never will be.

 

I am aure you are all on tenterhooks waiting to hear what is going to happen this morning.

 

OK 8 hours and counting.

 

Very sincere thanks all again.

Edited November 30, 2011 by newman

[Undercover-Elsa]

Wishing you all the very best for today, Newman. Just be yourself, What shines through this thread is the bullying, sarcasm, procrastination, intimidation and cynicism that you have had to endure. Let's hope the judge sees the true picture of how you've been treated.

 

Fingers firmly crossed for you,

 

Elsa x

[BRIGADIER2JCS]

:grouphug:Good luck and best wishes.

 

Brig.

[newman]

Well chaps here we are at the court my wife and i and mr toby riley smith has just come and said hello and asked if there was any other information we had submitted other than my original n 244. So i said well apart from my 27 page witness statement and the 72 pages of exhibits that i had delivered to the court personally on monday there wasn't

anything else.

 

I checked last night on royal mail track and trace and i posted my WS and three supporting exhibits on monday to 1st C and at the same tike i posted something else to the court. The envelope got to the court and was signed for at 08:44 yesterday but the envelope to 1st C was still in the system but did give the time it went from the post office

mr Smith did seem a little surpirsied when i told him how much information i had submitted. 27 pages and 20,947 words in my WS and prob somewhere in the region of 70,000 in total inc all 3 exhibits is a lot and i am diwappointed that mr smith has not had the opportunity to read my submissions.

[citizenB]

Best of luck, Newman

 

If you have your schedule of costs with you, then best to hand them in now

[DonkeyB]

Feel an adjournment coming on... if so, request that costs are reserved.

[AndyOrch]

I have a question for Andy or Brig or any one - what does the bit mean that says next to Toby Riley Simth. Counsel. Call 1995 - what does the Call 1995 mean?

Year of call Newman, to that practice Barrister, best of luck for today.

 

Regards

Andy

[DonkeyB]

Those costs for a simple witness statement are absurd.

[citizenB]

Those costs for a simple witness statement are absurd.

 

It was the time Mr W spent reading all the posts on CAG, DB

[DonkeyB]

Hello majic, looking in again I see. Anything to contribute?

[Undercover-Elsa]

"Not a lot"