Who can you complain to about a County Court ? Help urgently needed

[missbling]

Please can someone help me I need urgent help - I'm at the end of my tether.

 

I'll be as brief as possible.

 

In 2011 - I consulted with a solicitor over a divorce. I had a free half an hour. They asked me to pay them £1500 on account which I did. They said they needed it for court fees Then the solicitor went sick months went past. I kept asking for help they kept saying the solicitor was away.

 

Then the Solicitor came back from being ill about 7 months later and said the money was gone. Would not say on what. They hadn't even written a letter or drawn up anything at all. Then the solicitor said they needed a barristers opinion. I asked how much it would cost the solicitor said I will get a quote. I said I could not agree to any more money without a proper breakdown - I stated in an email. They came back with barristers fees of £3500 plus their fees of £2000. I wrote back saying no way can I afford that. I can't go ahead.

 

A month later, I then began getting emails for money to be placed on account and bills for barrister fees of £3000. I contacted the barrister who said no I never advised I never raised a bill. I confronted the Solicitor. Who admitted that no they hadn't gone to the Barrister. the Barrister threatened to report them for fraud if they continued demanding for fictious fees in his name.

 

I went back to solicitor they said well you still us another £2000. I kept on saying why you haven't made one phone call written one letter done anything. I kept saying where did my original £1500 money go. They never responded.

 

The solicitor went sick again. Then the credit dept started chasing me. I was always meticulous writing back asking for proof of work and invoices. I made a complaint they just ignored it. I kept on asking for breakdowns of fees. They never replied just threats of Court. I always replied.

 

They issued a county court claim against me with Money Claims online. I spoke to Citizen Advice they asked for my Client Agreement letter. I had never been given one. CAB said this was not right and helped me speak to the legal ombudsman who couldn't help as it was a court case now, but said without a client agreement letter in place they were acting in breach of the Solicitors Handbook. A solicitor cannot charge a penny without a Client Agreement letter setting out their fees and work they propose doing at the outset. They must also set out their complaints procedure. I had never been given any Client Agreement letter nor any money laundering checks undertaken.

 

CAB helped me issue a counterclaim for the return of my £1500 as they should never have taken money on account or carried out any work if indeed they did as they have never been able to prove any work without a signed Client letter setting out what work they would do, likely costs complaints procedure etc.

 

Mediation was arranged they failed to turn up.

 

They failed to acknowledge or reply to my counterclaim. They just ignored it.

 

CAB and money Claims said I was within my rights to Request Judgement N224 which I did.

 

File was transferred to Local Court. I wrote asking Solicitor for their indemnity insurance and they called me up saying they knew everyone in xxxxx County Court and Id get nowhere. I laughed at the time but how right they are. I don't doubt it they have offices nearby and work in the Court frequently.

 

I kept serving my N224 request for Judgement to my counterclaim. I served it 5 times in electronic format recorded post and by hand.

 

I'd call up every day get a different story where my claim was it was being looked at. 3 months later my file surfaces. Reason given Judge had it and had kept hold of it?? ???? 3 months no reason why but Judge just held it back. Judge sets court date for 3 weeks time. Yep it was held for 3 months then I'm given less than 3 weeks to go to a hearing.

 

 

Judge issues an order ? claimant has to give me documents of work invoices and client agreement letter by 4pm on 1st May. They fail to do this. I rang Court they said take it up with Judge on the day.

 

I keep asking where my N224 form is what's happened to my counterclaim no one knows. Its not listed to be heard at the Court Hearing. It's just been forgotten Judge has ignored it altogether. No one can tell me anything about my counterclaim or request for Judgement. Where it is or what is to be done about it.

 

I made a complaint to the Court. It was just dismissed as one of those things no mention of my counterclaim and N224 form. I wrote again to higher manager complaints haven't had a response.

 

So to Summarise, I put In a defence and Counterclaim. They didn't acknowledge my Counterclaim. They said they wanted mediation then didn't turn up. I put In request for Judgement as no acknowledgement of my Counterclaim. It's just disappeared.

 

I've tried to go to law society to get their professional indemnity insurance. Which would force their insurers to be aware they are acting without Client Agreement letters. A huge problem for them. Law Society won't give it until I've exhausted their internal complaints procedure and had a final written letter. Claimant won't reply to any complaints. I'm between a rock an a hard place.

 

I've tried to strike out their Claim as they didn't comply with the Order to serve me documents by 4pm 1st May. This has just been ignored by the Courts

 

I'm left going to Court on Thursday without seeing any documents for disclosure. I've telephoned the Court no one can help. I haven't a clue what they will bring in.

 

Everyone I've spoken to from solicitor to CAB & Community legal help say it's perculiar behaviour from a court judge holding on to file for 3 months then giving you less than 3 weeks to prepare and no one can say where your Counterclaim despite paying court fees has gone.

 

If the Claimants Are trading without a client agreement letter in place they are breaching the terms of their insurance and licence from the Law Society - and Solicitors Reg Authority. If I get judgement they can be struck off. It's serious.

 

I've fought and fought for months feel the whole system is against me. Anyone help be so grateful. What should I do ? Go to Court on Thurs try and fight without knowing what docs they will disclose. Just feel so let down by the Courts.

 

Thank you x

[rebel11]

Hi missbling

 

All sorts of 'shenanigans' do go on, it's not great when that happens to you. I'm not sure there is anything you can do at short notice other then write your concerns down and hand that in to the Judge before the hearing. It would be an idea to copy it to your MP, write CC: xxxxxxxxxxxxx MP, on the letter handed to the Judge. Get assistance from your MP. The Court's should be totally impartially and be respectable to all parties.

 

Complain about the Court:-

 

http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/courts-and-legal-services/complaints-about-the-courts.html

 

http://findyourmp.parliament.uk/

[missbling]

Thank you for your kind reply.

 

Just you saying that things do go on, makes me feel better.

 

I don't subscribe to the "I'm a victim" mentality, but on this occasion I feel like I'm going mad.

 

I'm happy to fight my corner, I'm happy to play by the rules, I'm happy to accept British Courts Justice. But it's stacked against me it's not impartial and I am doomed to failure.

 

Thank you for your kind words and advice. I shall definately use it. Thank you x

[steampowered]

What exactly did you do with your counterclaim and how did you pay the court fee? Is it possible that it just got lost? Is there a copy of the counterclaim on the court file - if so, bring it to the judge's attention at the hearing.

 

Have you reported them to the Solicitors' Regulatory Authority? This is really the solicitors regulator, not the Law Society.

 

I'd forget about trying to contact the insurance company. That won't help you.

[MrHat]

I have had counterclaims ignored by the county court system before so not surprised to hear that. Personally think the court is in serious need of investment

[missbling]

Hi I served my Defence and Counterclaim at the Same time as I served my Acknowledgement of service.

 

Money Claims on line wrote confirming receipt.

 

I've called the xxxxx court it was transferred to they have it but no one can tell me what's being done about it.

 

I've filled the forms N224 request for Judgement as there was no reply to my Counterclaim I've served it 4 times in email, by registered post and in person. It's just ignored.

 

I feel angry I've got to go to Court Thurs with no disclosure dispite the Order saying they had to do so by 1st may

I feel angry no one will tell me about the Counterclaim. I paid the £70 the money has been cashed.

 

Thank you all for your kind help

[missbling]

I was told by a barrister that if a Solicitor undertakes work without a Client Care letter in place it's in breach of a The SRA regulations and their licence, that they have to have indemnity insurance in place to work in the UK. They in turn agree under the terms of Insurance to not breach their licence. If their Insurers find out they have a claim against them for non compliance their premiums will rocket or they may not insure. . Also Solicitors are duty bound to notify their Indemnity Insurers of all and any claims made against them immediately they are made. I've made a claim.

 

A solicitor has to produce their a Insurance details on request. This Solicitor rang me up saying you can't have them. Screaming we know people at the court you won't get anywhere with your claim.

 

I wrote to the Solicitors Reg they will only release the insurance details once a final letter from the solicitor has been received saying they won't release.

Which of course they won't so rock and a hard place.

[steampowered]

OK. A few key questions. When did you file the counterclaim? Was your counterclaim in the same document as your Defence? When did you file your N244 (I assume you mean N244 not N224) presumably requesting default judgment?

 

Everything you have been told by the barrister is correct. However you need to be careful of getting distracted by subsidiary points which don't really matter to your case. The purpose of this complaint doesn't really have much to do with a lack of insurance or about the lack of a client care letter. If you want to be taken seriously I think you have to put all the facts on the table and phrase your approach to the SRA in the context of a broader complaint. The purpose of insurance is to protect clients against solicitors who become insolvent; it is not so that you can complain to the insurer about the lack of a client care letter (which the insurer is unlikely to act on anyway).

 

I'd say keep everything in writing, don't speak to them on the phone.

 

Its not uncommon for the courts to screw up counterclaims and there are plenty of examples of this on CAG. You also need to be aware that things can take a fair bit of time. I would make sure that your N244 is on the court file and bring it to the judge's attention at the hearing.

[missbling]

Thank you steam powered. Sometimes you need someone unconnected to give a reality check. Appreciate your common sense approach.

 

Yes I did file Counterclaim at same time as my Acknowledgement of Service, Defence and at same time issued a Counterclaim and paid my £70 fees.

 

Money Claim a Online arranged mediation. claimant said they wanted it, then didn't turn up.

 

The Mediator was really annoyed at them for not telling her they wouldn't be coming. She pointed it out to me that I could ask for Judgement. I had no idea I could. She just said perhaps you should think about exploring this. I then went to Money Claims they said yes I could request Judgement and gave me link to download forms. I immediately downloaded completed emailed, and sent by recorded delivery. It was acknowledged on both occasions as received.

 

Transferred to local court it just all went to a Judge who requested it and was held on to. they couldn't explain what was going on so I wrote again and did same process as above in serving Form for Requesting Judgment. Each time it went to the Judge who just held on to the file for 3 months and wouldn't say why. It was only when I made written complaints and copied my MP that the Judge set a date for 3 weeks time and an order that the Claimant give me the documents requested. Which they haven't done so.

 

Yes I have all the acknowledgements. The Court has the firms. Could you give me a brief outline of how I should point out or word to the Judge my concerns. I don't want to upset them but also want to be firm and say I cannot defend this claim without the Order of disclosure being complied with. Ie the Claimants can't turn up on the day and just hit me with paperwork when I was supposed to have it 3 weeks ago as per the order. I don't want to upset anyone but I want to get my chance of properly defending.

 

 

 

Thank you

[steampowered]

What exactly is the hearing on Thursday for? There would normally be a requirement for each side to file the evidence they intend to rely on a certain number of days before a hearing but I guess that hasn't happened here (perhaps it is not supposed to be the final hearing).

 

Probably the best thing to do is to ask the judge to strike out their claim due to breach of the disclosure order. If he doesn't want to do that, the alternative would be an 'unless order' that they disclose the documents by a certain date else their claim will automatically be struck out.

 

You can also draw the judge's attention to the counterclaim and try to have your N244 dealt with.

[missbling]

Thank you so much Steam powered.

 

It is a final hearing on Thurs.

 

The Judge made an order in Directions that the Claimant must provide documents by 4pm on 1st May to the Defendant settingout the work, client agreement letter charging rates attendance notes copies of letters they claim for. They have served nothing. Ive served all mine on them and the Court that I intend to rely on on Thurs.

 

Ive been calling the Court and was told the Judge can let them disclose on the day their paperwork.

 

Im interested in the Strikin out order could you point me in right direction as to where I can read up on it.

 

Thank you so much.

[steampowered]

The judge has discretion whether to allow the late disclosure, but certainly point out that it has been late and make it clear if this is the first time you have seen any of the documentation.

 

 

An 'unless order' would only be appropriate if the hearing was adjourned due to the non-disclosure. I imagine the counterclaim will be dealt with at the hearing.