Solicitor/negligence claim:

[Ganymede]

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.

 

Ask the Data Protection Act?!

 

I don't want your reference number as it is meaningless.

 

I would like to know how the solicitors could failed to provide a document that you claim never existed in the first place. They can't disclosure something that has never existed so it's just bizarre.

[Vauban]

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 assume this is a reference to the Office of the Information Commissioner? I would be genuinely surprised if they told you that there has "obviously" been a breach of the DPA by the solicitor. Can you be clear exactly what they've written to you?

 

But I'm not sure where this takes you anyway. Even if the ICO concluded that there had been a mishandling of your personal data, I cannot see it having any material impact on the substance of your claim. And - to repeat myself from your other abandoned thread - unless you've submitted your appeal, then all this is just bizarre mutual baiting. What is it that you actually need help with?

[callum1999]

Ask the Data Protection Act?!

 

I don't want your reference number as it is meaningless.

 

I would like to know how the solicitors could failed to provide a document that you claim never existed in the first place. They can't disclosure something that has never existed so it's just bizarre.

 

Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

[unclebulgaria67]

Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

 

If you submit a complaint to the SRA, they should arrange for an independent case handler to get hold of the files and investigate it properly. Someone i know made a complaint and they were quite surprised that the SRA were so thorough, as well as keeping them informed of progress.

[Ganymede]

Well if the document never existed how on earth could i prove that without obtaining the client file that would contain the document and if there was no such document the allegation would then be factual.

 

I have to prove there was no contract and to be able to do this i would need to have site of the file which as you know the solicitor and his solicitor/barrister are refusing to disclose.

 

What is bizarre and what really points to the fact that there was no legitimate contract in place could and will be drawn from the very fact that the solicitor knows that providing the file will show there was no contract because the file will be minus the documentation as to establish this significant point.

 

On the other hand i suppose the solicitor could own up and say the file does not would not and never has had the documents that would prove that he was working under a legitimate contract but he wont do that now will he.

 

How will this help your appeal?

[BazzaS]

If you submit a complaint to the SRA, they should arrange for an independent case handler to get hold of the files and investigate it properly. Someone i know made a complaint and they were quite surprised that the SRA were so thorough, as well as keeping them informed of progress.

 

The SRA will act if they feel they need to investigate if there has been a breach of the SRA's Principles.

OP declined to go to the Legal Ombudsman despite being advised it would be the best way forward. It would have been best as the LO's remit is wider (they can deal with 'poor service', the SRA can't), and if the LO believes there has been a breach of the SRA's principles, they'll pass it to the SRA.

 

However (and it is a common theme : OP has missed a number of 'deadlines'), is the OP now out of time for involving the LO?

[AndyOrch]

Threads merged...Thread remains closed until I see some proof of an appeal...Please PM me a copy and I will reopen this thread.

 

Regards

 

Andy

[callum1999]

I have contacted the Council head of legal services who dealt with a claim that i had against them and they say that they are satisfied with the legal bill that my solicitor has incurred and subsequently paid.

 

They have referred to a letter that shows justification in the payment but are not prepared to show me the letter or the legal bill that shows how those costs were incurred.

 

Can i request this information or would this be outside the scope as to right to data under DPA.

 

Any help would be appreciated. thanks Callum

[callum1999]

Have just been giving judgment in respect of a litigation that i had against a previous solicitor who breached the Data Protection Act, and still continues to breach the Act which is stopping me from relying on the data that would show that he has committed a number of breaches which would include concealing evidence relevant to a case.

 

Further the Information Commissionaire Office have now also advised me that the solicitor has ignored their request for this information and the 28 day period for the solicitor to give his reasons has now expired.

 

But for this information being disclosed this is allowing the solicitor to avoid the proof that would demonstrate that he has breached a number rules and Acts.

 

He seems to be hiding this evidence or no evidence to suggest a contract was in place can be provided, the latter being the more likely.

[Bazooka Boo]

OK, what's the question?

[honeybee13]

OK, what's the question?

 

I imagine the query relates to the previous long running thread, BB. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462017-Solicitor-negligence-claim

 

HB

[dx100uk]

new thread merged with old existing closed thread

 

 

dx

[callum1999]

The Information Commissionaires Office and after investigating have decided that a previous firm of solicitors have breached the Data Protection Act 1998, by failing and when requested to provide data that would demonstrate funding and a legitimate contract were in place when it has been alleged that they were in a position to (a) legally represent, (b) and profit from the misrepresentation.

 

The OCI have now instructed the firm to provide all the needed data within seven days.

 

What are the consequences if any if the firm continues to ignore and provide this information?

[AndyOrch]

Is this in connection to you know what callum ?

 

 

Andy

[callum1999]

Is this in connection to you know what callum ?

 

 

Andy

 

No it is entirely a different subject dealing with Data Protection as opposed too a solicitor acting negligently?

[callum1999]

The Information Commissionaires Office and after investigating have decided that a previous firm of solicitors have breached the Data Protection Act 1998, by failing and when requested to provide data that would demonstrate funding and a legitimate contract were in place when it has been alleged that they were in a position to (a) legally represent, (b) and profit from the misrepresentation.

 

The OCI have now instructed the firm to provide all the needed data within seven days.

 

What are the consequences if any if the firm continues to ignore and provide this information?

 

Any help would be appreciated, thanks

[AndyOrch]

The ICO could fine them.

[callum1999]

The ICO could fine them.

 

I have been giving summary judgement which the solicitor is appealing against on the claim that the solicitor breached DPA.

 

The other side are claiming the issue with any breach of DPA has been previously dealt with under the negligence claim which was not an issue nor was it mentioned in those proceedings.

 

What, if any weight does the reason that the OCI have adjudged my rights under the DPA have been breached will the Court consider?

[callum1999]

Any constructive free advice would as always be appreciated, thanks in advance.

[BazzaS]

Any constructive free advice would as always be appreciated, thanks in advance.

 

But ignored, unless it is what the OP wants to hear........

 

Potential respondents also shouldn't expect to get any details on which to base their reply, (such as the PofC, or appeal documentation), if the thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471748-Default-judgment&p=4968596#post4968596

 

is anything to go by.........

 

It seems to be the same situation described in the OP's post of 14th Nov 2016 on the last page of that thread, just "dressed up in new clothes".

 

Little wonder forum regulars aren't rushing to answer .....

[dx100uk]

threads merged for the 48th time

 

 

over 1000 posts on this subject now...

[BazzaS]

Did the OP ever provide the evidence of THEIR appeal which was a requirement set by the site team for the "solicitor / negligence" thread to be re-opened?

 

Surely either the threads should be merged and (both) not open, or if it really is a new thread they shouldn't be merged so only the new thread (dealing with a new matter) is open?

[callum1999]

But ignored, unless it is what the OP wants to hear........

 

Potential respondents also shouldn't expect to get any details on which to base their reply, (such as the PofC, or appeal documentation), if the thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?471748-Default-judgment&p=4968596#post4968596

 

is anything to go by.........

 

It seems to be the same situation described in the OP's post of 14th Nov 2016 on the last page of that thread, just "dressed up in new clothes".

 

Little wonder forum regulars aren't rushing to answer .....

 

I am not dressing anything up, i am just asking for advice, ive no need to dress things up.

[callum1999]

Did the OP ever provide the evidence of THEIR appeal which was a requirement set by the site team for the "solicitor / negligence" thread to be re-opened?

 

Surely either the threads should be merged and (both) not open, or if it really is a new thread they shouldn't be merged so only the new thread (dealing with a new matter) is open?

 

Negligence and breaching the DPA completely different.

 

Why are you linking the two at this point?

[callum1999]

Negligence and breaching the DPA completely different.

 

Why are you linking the two at this point?

 

And to remove any doubt the OP was not in a position "TO PROVIDE" their evidence because the solicitor who had acted negligently was, is and still wants to breach DPA.

 

That said, any giving the stance taking by the OCI, he has now lost that right as it would now appear.