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Agressive Solicitor - Advice needed urgently.


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Hi all....

 

Without going into all the gory details, I'm in the process of trying to settle a "no win/no fee" personal injury claim (instigated by my insurance company) I've been farmed out to a solicitors who are frankly vile and do business in a way that puts me in mind of a mafia.

 

They've lied to me about certain facts on numerous occasions and are now aggressively perusing my authorization to proceed with the claim. I'm having someone look into it at the moment, as I can smell a very large rat with some of what's been going on and I'm not prepared to sign my name to anything until I'm 100% sure it's legit.

 

I received a letter on Saturday morning in which it's announced that the solicitor is sending an "agent" out to my home on Monday to collect my signature and instructions they require.

 

I am not happy about this at all, and to my mind if someone comes to my door to make me sign something, I would therefore be acting under duress. I also don't yield to bully-boy tactics and all this goes again towards me thinking something is very wrong with whatever they are doing.

 

I know that the law states debt collectors can't visit my home without permission. I'm also under the assumption the only people who can set foot within my property lines are postal workers, people asking for directions or people who are asked by invitation. Does an "agent" working on behalf of a solicitors firm have any different kind of rights to visit my home?

 

I would very much like to know my rights and have the facts to hand should this person call on me this Monday and this seemed like the right place to ask.

 

If anyone could give me some advice, I would be very grateful.

Thanks for reading.

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This sounds highly suspicious... The may be a conflict of interest here... they are not allowed to represent the other party...Try and find out if there is an ombudsman who deals with Law Issues.. The Citizen's Advice Bureau will help...Above all, don't sign anything... Tell them you are taking further advice re their instructions, and that you need more time to deal with it... Good Luck!

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The other thing is to have a witness with you on the day they are threatening to turn up... You could even get the police involved. Sounds extremely suspicious... I've fought a medical negligence claim before, and solicitors NEVER behave like this...Don't sign!

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Always remember you NEVER have to sign anything you dont want to, or are not happy with.

Might be an idea to ask the caller to leave copies of the documents with you to peruse at your leisure, and as C.B. says contact the Ombudsman and you will have further evidence of your concerns to show them.

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Just don't answer your door. But be careful if you breach the CFA you could be liable for all your own solicitors costs. Can you tell us what rat you think you smell and what the solicitors want you to sign please?

 

@Dookist, the OP means their own insurer referred them to a solicitor so no conflict of interest.

 

As for the legal ombudsmen the OP will need to go through the solicitors complaints procedure first.

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As for the legal ombudsmen the OP will need to go through the solicitors complaints procedure first.

 

Thanks for this Ganymede, I didn't realise that.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

Bit confused here. If the insurance company instigated to NWNF there is no CFA in place as yet and if you refuse to sign anything it cannot continue.

 

As well as the other advice given, I would also complain to your insurance company.

 

I think these 'ambulance chasers' are a bit desperate for work

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi,

Bit confused here. If the insurance company instigated to NWNF there is no CFA in place as yet and if you refuse to sign anything it cannot continue.

 

As well as the other advice given, I would also complain to your insurance company.

 

I think these 'ambulance chasers' are a bit desperate for work

 

 

 

The OP will need to clarify but it's probably the case that they signed a CFA with the solicitors at the outset of the claim along with all the other forms from the solicitors.

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The OP will need to clarify but it's probably the case that they signed a CFA with the solicitors at the outset of the claim along with all the other forms from the solicitors.

 

Another reason I'm confused. If a CFA was signed in advance, why would this 'firm' want to get another?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Another reason I'm confused. If a CFA was signed in advance, why would this 'firm' want to get another?

 

 

 

Who said they want another CFA signed?! Did I miss something?

 

I get the impression the solicitors want authority to make/accept an offer.

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Have you already signed a CFA? If so, then you need to be careful. It is a standard term in "no-win-no-fee" arrangements that the client is required to see things through. If you breach the CFA by failing to provide proper instructions or failing to advance the claim, then the solicitor will be entitled to terminate the engagement with the result that you will be liable to pay their costs at their standard hourly rate.

 

If you have not signed the CFA, there is no reason why you must use the firm you were referred to by your insurer. Simply tell this firm that you do not want to instruct them and instruct another firm instead. It is easy to find the contact details of appropriate law firms online. Of course if legal costs are being covered by your insurer you will need to check this is still the case with another firm.

 

I suspect they are sending someone round to get your signature on the CFA and get you to sign a bit of paper saying the CFA has been properly explained to you. This is actually fairly common in the personal injury "no-win-no-fee" sphere. People have an "implied right of access" to your property to make contact to the people living there unless they are told otherwise. This is the same principle that applies to postmen. If you do not want them to come and assuming you have not yet signed the CFA, then simply tell this firm you won't be instructing them and they do not have permission to visit your property.

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  • 2 months later...

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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