Solicitor/negligence claim:

[callum1999]

Just looked at the sentencing that the Courts give for fraud and it would appear that because of the trust issues that would involve a legal representative they would be more severe than your average fraudster.

 

I suppose the abuse of trust giving is considered before sentencing.

 

I honestly believe the Council are now coming to terms with he fact that all is not right with the solicitor they have previously refused to report him to the police but now we have moved onto the fraud issues as oppossed to the mere negligent claims they are now having to sit up.

[honeybee13]

You've asked the council to report the solicitor to the police?

 

HB

[Ganymede]

Would failing to disclose the originals of any client's file and on request and within the limitation that a firm of solicitors have to store such date contravene the relevant section under the Fraud Act 2006.

 

No.

[callum1999]

You've asked the council to report the solicitor to the police?

 

HB

 

I have previous advised the council and giving my reasons why i suspect fraud but the response i was giving from the councils solicitor was that they were in receipt of a letter from the solicitor dated 30th April 2014 which stated that particular letter justifies the legal cost that were claimed by the solicitor and paid by the council as a legal bill.

 

I am not in receipt of that letter HB and i have politely asked the council to provide me with a copy of the letter but they are refusing to provide this.

[callum1999]

I have previous advised the council and giving my reasons why i suspect fraud but the response i was giving from the councils solicitor was that they were in receipt of a letter from the solicitor dated 30th April 2014 which stated that particular letter justifies the legal cost that were claimed by the solicitor and paid by the council as a legal bill.

 

I am not in receipt of that letter HB and i have politely asked the council to provide me with a copy of the letter but they are refusing to provide this.

 

I have since giving further details and made them aware that because the solicitor is failing to show proof that he worked and represented me under a legitimate contract this is now being investigated by a number of Organisations who would have to be involved to fully establish the questions or the validity of the contract that the solicitor would have had in place not only to represent but to profit which could only have been achieved but for my claim against the council.

 

The police have previously provided me with a crime reference number and on the grounds that the solicitor made profit be it unlawfully as the crime reference number provided would indicate this i would assume.

[unclebulgaria67]

At some point you are going to have to decide whether you let this just fester for years. There is someone else who posts to online forums about problems with a council and their local Police force. They keep sending complaints off to everyone they can think of and have been doing so for more than 5 years. They are still going and are now making complaints about everyone who has ever dealt with their complaints,

 

If you have a local free law advisory service, it might be worth seeking them out. You really need to get this off your chest properly with someone who deals with these issues local to you. Otherwise you might be spending years on online forums, like the other person i mentioned and life is too short.

[Ganymede]

this is now being investigated by a number of Organisations

 

This is pure fantasy IMO.

[callum1999]

At some point you are going to have to decide whether you let this just fester for years. There is someone else who posts to online forums about problems with a council and their local Police force. They keep sending complaints off to everyone they can think of and have been doing so for more than 5 years. They are still going and are now making complaints about everyone who has ever dealt with their complaints,

 

If you have a local free law advisory service, it might be worth seeking them out. You really need to get this off your chest properly with someone who deals with these issues local to you. Otherwise you might be spending years on online forums, like the other person i mentioned and life is too short.

 

Thanks for that UB

 

This wont take five years:-)

 

I am not complaining i am just trying to rely on the law and as it stands.

 

If the solicitor has acted inappropriately because he is a solicitor will not make him immune.

 

The only person i am blaming is the solicitor, if others want to protect him so be it because it will not change what he has done and whether people believe he has or not again its their opinion they like me have a right to opinion.

 

If the solicitor has not done as was expected of him this will eventually come out it always will.

 

It just depends how the person acts if it affects them some walk away others dont.

[callum1999]

This is pure fantasy IMO.

 

So the ICO and SRA LA are not involved thats news to me giving that i have just spoken to a caseworker.

 

How is that fantasy or more to the point why on earth would anyone state this if it was not true?

 

I can PM the reference numbers if you want GM and the crime reference number provided by Action Fraud if you want to help.

[Ganymede]

So the ICO and SRA LA are not involved thats news to me giving that i have just spoken to a caseworker.

 

How is that fantasy or more to the point why on earth would anyone state this if it was not true?

 

I can PM the reference numbers if you want GM and the crime reference number provided by Action Fraud if you want to help.

 

What have the SRA said exactly?

 

You will get a crime reference number regardless once you make a report. It's no indication of guilt.

 

As for the ICO, you've never actually said what they are investigating them for.

[callum1999]

What have the SRA said exactly?

 

You will get a crime reference number regardless once you make a report. It's no indication of guilt.

 

As for the ICO, you've never actually said what they are investigating them for.

 

SRA are dealing with a number of separate issues which would include the contract and i am currently awaiting a response which is pending.

 

The ICO are investigating the solicitor as they feel the solicitor is in breach of DPA for not providing any data that would have been needed authorised and signed by me for funding to be obtained prior to contract/retainer being in place based on my personal ID that would have been used, if correct.

 

I did not say being giving a crime reference number is an indication of guilt however and on the evidence that has been considered by Fraud action you could also argue that for them to consider and provide a reference would not be the indication of the solicitor and on the balance of probabilities is more like than not to be guilty for a reference to be giving in the first instance.

[Ganymede]

Have you made an official SAR for all paperwork to the solicitors with the requisite fee? I am confused though as you are adamant that you have never signed ANY paperwork with the solicitor, so how can they produce something that doesn't exist?!

 

I wonder what are the other issues the SRA are dealing with other than the contract?

 

Like normal your last paragraph is gobbledygook and makes no sense.

[BazzaS]

I did not say being giving a crime reference number is an indication of guilt however and on the evidence that has been considered by Fraud action you could also argue that for them to consider and provide a reference would not be the indication of the solicitor and on the balance of probabilities is more like than not to be guilty for a reference to be giving in the first instance.

 

"Fraud action" : do you mean 'Action Fraud'?

 

"you could also argue that for them to consider and provide a reference would not be the indication of the solicitor and on the balance of probabilities is more like than not to be guilty for a reference to be giving in the first instance." ; pure Callumese.

This is gobbledygook again. Action Fraud and the police will give reference numbers for reports they MIGHT investigate. It shows the report has been logged, and allows for easy reference for follow-up, if the person reporting it contacts them again. It isn't an indicator of their assessment of if there has been a crime, or even that they'll investigate further once they make their initial assessment.

 

Guilt on balance of probabilities?. Guilt is for criminal cases and isn't on 'balance of probabilities' but the correct test applied for a criminal case is : 'beyond all reasonable doubt'. for a trial. For a prosecution (not GUILT, but a prosecution) it is that "there is a reasonable prospect of a conviction, and that prosecution is in the public interest". You've been told this before, but for some reason you can't accept it or can't retain the information. You keep confusing the civil and criminal standards of proof.

 

How is the appeal going?.

[BazzaS]

This wont take five years:-)

 

How long do you think it'll take?.

 

Your accident was in May 2010. You subsequently had a PI claim struck out for your non-compliance with directions.

The solicitor told you your PI claim was already statute barred (from at least September 2013) in June 2014.

When did you sign the compromise agreement with the council about the disrepair? The solicitor was negotiating for you in January 2015 .....

 

So, the initial events are more than six years ago, already ......

 

Site team : this thread is just a rehash of the thread that got closed because the OP wasn't posting up their appeal.

This fraud 'angle' was covered there as far back as 12th July 2016

http://www.consumeractiongroup.co.uk/forum/showthread.php?462017-Solicitor-negligence-claim&p=4922467#post4922467

 

Why is the OP re-opening a closed thread (by starting a "new" thread) for a topic:

a) 'done to death'

b) 2 months ago,

c) in a closed thread.

 

Wind-up, me thinks.

[callum1999]

You can think what you want

 

No-one is forcing you to read my posts are they?

 

You do not police the forum and you have no more rights than me or anyone else to keep running to the site crying like a new born baby trying to get every post removed grow up.

 

This is a public forum try and remember that you are just part of it like me and all the other posters we are all equal again remember that.

[callum1999]

"Fraud action" : do you mean 'Action Fraud'?

 

"you could also argue that for them to consider and provide a reference would not be the indication of the solicitor and on the balance of probabilities is more like than not to be guilty for a reference to be giving in the first instance." ; pure Callumese.

This is gobbledygook again. Action Fraud and the police will give reference numbers for reports they MIGHT investigate. It shows the report has been logged, and allows for easy reference for follow-up, if the person reporting it contacts them again. It isn't an indicator of their assessment of if there has been a crime, or even that they'll investigate further once they make their initial assessment.

 

Guilt on balance of probabilities?. Guilt is for criminal cases and isn't on 'balance of probabilities' but the correct test applied for a criminal case is : 'beyond all reasonable doubt'. for a trial. For a prosecution (not GUILT, but a prosecution) it is that "there is a reasonable prospect of a conviction, and that prosecution is in the public interest". You've been told this before, but for some reason you can't accept it or can't retain the information. You keep confusing the civil and criminal standards of proof.

 

How is the appeal going?.

 

Appeal is going well tbh once i get i result which is going to be inevitable and in a proper court next time i will post the result up.

 

Anyway this thread has nothing to do with the solicitor merely acting negligent this is the next level which will be discussed by grown up people so adios.

[callum1999]

Have you made an official SAR for all paperwork to the solicitors with the requisite fee? I am confused though as you are adamant that you have never signed ANY paperwork with the solicitor, so how can they produce something that doesn't exist?!

 

I wonder what are the other issues the SRA are dealing with other than the contract?

 

Like normal your last paragraph is gobbledygook and makes no sense.

 

Yes that has been covered and the Information Commissionaires Office are now satisfied that the time period has now expired hence why they indicated that they wanted me to report it which again has been fully completed and indexed with a caseworker.

 

As for not producing something that doesn't exist the fact that those legally representing the solicitor have already stated that they were not prepared to produce something that don't exist!? was not because it did not exist which is now obvious but because civil proceedings were ongoing which was not on;y a poor excuse it is an excuse that i can now rely on.

[Ganymede]

Again how can they produce a document, and therefore be in breach of the DPA, if the document you are asking for does not exist?!

[BazzaS]

Appeal is going well tbh once i get i result which is going to be inevitable and in a proper court next time i will post the result up.

 

So, there is no reason (such as you haven't formulated the appeal!) why you haven't posted up the appeal notice?

So why haven't you posted it up?

How long are you planning on opening new threads to cover the same ground?

 

Wind up or OP unable to remember what they have already posted (or both!) ?

[Guest]

was not because it did not exist which is now obvious but because civil proceedings were ongoing

and, is that re the doc (agreement) that C claimed was never in place in the first instance?

?

[callum1999]

and, is that re the doc (agreement) that C claimed was never in place in the first instance?

?

 

PMSL, it is not for C to prove a contract was never in place.

 

That is unless C made a tidy profit from such misrepresentation:lol:

[callum1999]

So, there is no reason (such as you haven't formulated the appeal!) why you haven't posted up the appeal notice?

So why haven't you posted it up?

How long are you planning on opening new threads to cover the same ground?

 

Wind up or OP unable to remember what they have already posted (or both!) ?

 

Please refer to my post in regards to Ford posted 23.40 that should suffice

[callum1999]

Again how can they produce a document, and therefore be in breach of the DPA, if the document you are asking for does not exist?!

 

Ask the DPA, they obviously feel that a breach on the part of the solicitor has been committed, unlike me and you they deal with such matters on a regular basis.

 

I am more than willing to PM your the relevent reference number if you feel obliged to challenge.

 

Do you want it all do you want to carry on pretending because it really makes no odds to me.

[BazzaS]

PMSL, it is not for C to prove a contract was never in place.

 

That is unless C made a tidy profit from such misrepresentation:lol:

 

C = "Claimant" (or even, in this case, "Callum"). You.

The other side would be "D", defendant ........

Have you forgotten if you are supposed to be claimant or defendant?

 

Are you saying you made a tidy profit from a misrepresentation?

Callum, as confused as ever.

 

Please refer to my post in regards to Ford posted 23.40 that should suffice

 

Ahh yes, it suffices to show how confused you are.

[dx100uk]

thread is now closing for the night now

 

 

it will be re-opened in the morning by the site team.

 

 

dx