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Issues with Claims management company & their solicitors

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Morning,

 

Myself and two other passengers had an accident end of Feb 2016 with an EU lorry. I was going through some personal issues so upon advice of a friend handed over the case to a claims management company. The case has been ongoing since.

 

I was asked to pay excess and get the car sorted so I have my car for use earliest possible as this case can take few months.

 

I felt that claims management company isn't acting well so have spoken to them numerously in August 2016 pushing them as much as possible. I heard this phrase it takes time as it is a European company and not local - which is understandable but they didn't really do anything to pursue the the other company etc.

 

I kept moaning and pushing them to the best I can and then 3rd week of December 2016 near christmas time I had my excess money returned from insurance company confirming they managed to get their money back. My 8 years no claim bonus was reinstated too.

 

i spoke to the claims management company, did not get satisfactory answer so wrote them to hand over the case back to me and not pursue with the claim as i would like to either pass it to other company or process it myself. No response as always.

 

I then had a letter from some solicitor in Bury requesting some documents. I replied to them via email saying what have you been doing for a year if you need those documents with me now. Why have you not prepared the case already? did not receive satisfactory response so telephoned solicitors office last week.

 

Spoke to a lady who says the case worker is off today, I said you should be able to provide me with an update as you should have an administrative practice in place than saying that person is not in the office. I was then told that actually it is the manager of practice speaking and she didn't like my attitude and that i will be informed via email.

 

I then waited for 4 working days and upon no response emailed them again but two working days have passed and no response.

 

I honestly do not know what to do? These people are irresponsible. anyway i can hold them to account? anywhere i can complain about them. what are my rights?

 

Do you think i should write them and provide them with 5 working days notice to reply and if not I will hire a solicitor and they will be liable to expenses?

 

I am really lost here so would really appreciate your suggestions please.

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Well you shouldn't have got involved with them in the first place. You been here since 2014 and it is plastered all over the site.

 

It sounds to me as if they haven't been carrying out their job properly or with reasonable skill and care. I would suggest that you set it all down in a careful and methodical way – in itemised fashion – and tell them that you have now lost confidence in them and you're not prepared to continue with them any further unless they produce satisfactory responses and full explanations within five days. Tell them that you will require the return of all documents.

 

Don't expect them to make things easy for you on this. You may have found them dilatory and inefficient when dealing with your claim, but when it comes to retaliating against you and trying to get some money off you for any work done so far, you will find them extremely energetic and enthusiastic. Also, don't expect them to be forthcoming the documents. I would suggest that you follow up with an SAR which should produce all the documents relating to your case and any other personal data they hold about you within 40 days.

 

You could certainly go ahead and hire a solicitor and in principle you might be entitled to claim expenses from the claims management company – but frankly it will cause you such difficulty that I would scarcely bother. Incidentally, don't expect the solicitor to act like Superman. You won't get a lot better from the solicitors either.

 

I'm not altogether certain of what it is you are trying to get now. Have you had all your compensation and expenses paid?


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Thank you for your response.

 

I was going through divorce most part of 2016 so wasn't in the best of mind and I agree that I didn't really put them to account. I also agree that If I had been vigilant I could have taken the case to another company earlier.

 

I am not in receipt of a dime as yet. I spoke to the Insurance company who confirmed they have been paid by the other party insurance company so as the rental hire car company was paid.

 

No expenses or compensation was paid to us.

 

By reading your response, i think the action should be;

1. Write to the solicitors and claims management that i have lost confidence and not prepared to continue with them unless they can provide me with a reasonable response within 5 working days.

2. Mention that if i do not receive a response within next 5 working days, I will proceed with hiring a solicitor to deal with the case and they will be liable for solicitors and other legal expenses.

3. In the same letter submit SAR for them to provide any paperwork in relation to this case within statutory period of 40 days.

 

I thank you again for your response.

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Have you spoken to the Motor Insurers Bureau (MIB) about this ? They are quite helpful in regard to accidents with foreign Insured vehicles on UK roads. Because of the difficulty in claiming back from foreign third party /insurers, i am pretty sure there is some process in place to assist with this. The MIB might be able to point you in right direction as they will be much more knowledgeable than most UK claims managers.


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I phoned MIB some time now but they say you should speak with your claims management company as we aren't able to provide any details to you but will provide all details to them.

 

I think the case has been processed pretty much or else the my previous insurer would not have reinstated my NCB.

 

It is the claims management company and their solicitors who are being a pain and i just dont understand why.

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Ok, so make a formal complaint to the CMC in writing, asking for a full update.

 

NCB has been updated presumably, as the vehicle damage repair cost has been repaid to Insurers. It is the other parts of the claim oustanding.

 

It is not unusual for Insurers to delay paying parts of claims for as long as they can get away with. Letters go back and forth between parties, asking for more details.

 

 

It is not until you have had enough of the delays and start threatening to issue a court claim, that they start looking at it more urgently. The EU Insurers are likely to have a UK office, so you can issue court claim in the UK.


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As far as I am aware, the Pre action protocol letter was issued to them back in December. It seems like they replied to them and since dragging them along.

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I think that you requirement number two is overambitious and you will probably fall on your face. It will undermine your credibility. I think need to be realistic about what you are expecting to get. It's only worth threatening achievable objectives


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Understood. I guess it would be best to leave it open as to I have lost confidence and provide me with what options are available i.e, you are either be serious and get this sorted or I can take the case else where. ??

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Afternoon,

 

Now that my case has been closed. I am updating this post and would appreciate suggestions, please.

 

Where/Who to complain, If I am not satisfied with how a case has been handled by claims solicitors?

 

You may ask me why would I want to do that now my case is closed? It is I firmly believe they mishandled my case, took advantage and if I won't do anything they may well do it with other peoples too.

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So get their complaints process and follow it. They will be accountable for their services to an outside body. It should say on their website.


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There are no such details on their website, not sure If I am allowed to name them here or not?

 

I was searching online and can see that I should submit a complaint to them in writing marking it as formal complaint/grievance. if they won't reply Legal Ombudsman should step in after 8 weeks.

 

Is this the only option? or should I contact SRA as they are regulated by SRA.

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Name the company please


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A company Accident claim hotline based in the London area were disolved in July 2016 according to companies house, so if this is the company, i wonder whether they are still operating.

 

If you have a complaint, send a written complaint to the Solicitors by recorded delivery.


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On retaining the services of the solicitor it would be usual to receive a "client care" letter. Which should set out the firm's complaints procedure.

 

Making such a complaint to the firm is the first step. Only once the final response to that complaint is received (or no response after 8 weeks) is the Legal Ombudsman (LO) the next suggested step.

 

The LO is often better than going straight to the SRA. The LO can acts in cases of poor service even if the SRA's principles and mandatory outcomes haven't been breached. The SRA can't act on poor service alone (only breaches of the SRA's principles and outcomes).

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The case was taken by accident claim hotline end of February 2016.

 

 

I now see on companies house too that the company was dissolved back in July 2014.

I have prepared a complaint (finalising it shortly) and intend to send it to them on Monday.

 

 

I already have spoken with Legal Ombudsman and have a case ref no.

they are prepared to act after 8 weeks of submission.

 

as we now established that claims management company was reported dissolved back in July 2014.

Do I report them to somewhere too?

as the website is still active although they changed it to post box than the actual address and they are still taking work as I understand.

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The case was taken by accident claim hotline end of February 2016.

 

 

I now see on companies house too that the company was dissolved back in July 2014.

I have prepared a complaint (finalising it shortly) and intend to send it to them on Monday.

 

 

I already have spoken with Legal Ombudsman and have a case ref no.

they are prepared to act after 8 weeks of submission.

 

as we now established that claims management company was reported dissolved back in July 2014.

Do I report them to somewhere too?

as the website is still active although they changed it to post box than the actual address and they are still taking work as I understand.

 

I don't think they are trading or dealing with existing cases, but their website is still up. No point in reporting a complaint.

 

I thought the claims management companies were registered with the FCA, so you could check the status with them.


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Thank you for your reply.

 

Claims management company's status is 'Authorisation surrendered' on 03/04/2014 as per CLAIMS regulator web site https://www.claimsregulation.gov.uk/search.aspx?search=simple&business=accident+claim+hotline&authID=&sector=-1&county=-1&status=-1

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LO's site also has some fact sheets relating to CMC's (including closed CMC's), although it doesn't seem very upbeat about complaining about closed CMC's (if the LO finds in your favour you don't really stand a prospect of getting anything as a result).

 

OP is your complaint focused on the CMC or the solicitor?.

If the solicitor always replied speedily but the reply was always "we are awaiting a response from the CMC" it may be hard to pin responsibility on the solicitor....

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thank you for your response.

 

I discussed CMC only as I found it interesting that they still operating even though their company is dissolved so, in other words, they aren't running a legitimate business and I think should be reported to an authority. anyway, my actual complaint is about the solicitor. They did not reply to 95% of my correspondence. no actual correspondence and disregard instructions. I have alot of the things they surely are responsible and i believe i have decent reasons to complaint about.

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thank you for your response.

 

I discussed CMC only as I found it interesting that they still operating even though their company is dissolved so, in other words, they aren't running a legitimate business and I think should be reported to an authority. anyway, my actual complaint is about the solicitor. They did not reply to 95% of my correspondence. no actual correspondence and disregard instructions. I have alot of the things they surely are responsible and i believe i have decent reasons to complaint about.

 

We won't know if you have a valid complaint until you list everything the solicitor did wrong.

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