Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Can a solicitor act without a client/solicitor contract in place


spitfire1964
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2451 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm sure someone on here can give a straight answer as I am trying to help my granddad who was unfortunately hit by scaffolding that had been put up around his block of flats which is Council owned ( Old peoples properties )

 

He instructed a solicitor to claim for damages caused due to injuries which included broken arm and was told by the solicitor that he would be covered under a no-fee, no win basis.

 

Would this include a contract between both parties as I assume would be,

because the solicitor is now refusing to provide a copy of the contract that my granddad has asked to see.

The case is still unsettled.

Link to post
Share on other sites

  • Replies 75
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Of course there has to be an agreement...assuming they accepted the claim.

 

http://www.legalombudsman.org.uk/publications/no-win-no-fee/

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Drop the above a line ...see what they say

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Will do thanks.

 

So if there is no contract/agreement in place what should my granddad do?

 

Find another solicitor, report the solicitor, or claim against solicitor, think he is a bit old to be going down any of those routes, I feel guilty for telling him to make a claim for damages in the first place, landlords denied any responsibility which is just nonsense imo Andy

Link to post
Share on other sites

You granddad should send a brief letter/email to the solicitor explaining to him that as he has not been formally instructed to deal with this case, no fees, no payments will be made whatsoever, your granddad is not liable for them and the solicitor is acting on his own accord without the proper and requisite authority and express consent of your granddad to do so.

 

 

Your granddad should also send a brief letter/email to the entity he is suing to inform them that this solicitor does not represent him in this matter.

 

 

Your granddad should then formally instruct another solicitor and ensure a contract is in place.

 

 

Haunter

Link to post
Share on other sites

I spoke to the solicitor and asked him what he was playing at about 5 this afternoon.

I asked why he was not providing proof of being able to represent my granddad,

he assures me that this is just a genuine mistake

if my granddad gives his authority

I can have sight of this as he will provide the contract/agreement which is assuring.

Link to post
Share on other sites

What makes you think no contract is in place?

 

Why do you want to see it anyway?

 

What makes you think that there is a contract in place?

 

I want to see it because a contract or to be able to legally represent my grandand should be in place, so why would the solicitor not want to show it, if that were the case?

Link to post
Share on other sites

What makes you think that there is a contract in place?

 

"He instructed a solicitor to claim for damages caused due to injuries"

 

This.

 

 

 

I want to see it because a contract or to be able to legally represent my grandand should be in place, so why would the solicitor not want to show it, if that were the case?

 

But why do you want to see it? What are you looking for? Haven't they now confirmed you'll get a copy once your granddad gives them permission?

Link to post
Share on other sites

"He instructed a solicitor to claim for damages caused due to injuries"

 

This.

 

 

 

 

 

But why do you want to see it? What are you looking for? Haven't they now confirmed you'll get a copy once your granddad gives them permission?

 

What am I looking for, strict proof that my granddads solicitor has the correct and required documentation that allows him to be in a position of legally representing my granddad as opposed to doing this unlawfully which having no contract/agreement would result in.

 

Are solicitors/barristers immune from working under a contract? if that is so, I am obviously barking up the wrong tree.

 

Just don't want my granddad being misled or misrepresented.

Link to post
Share on other sites

If you want to stay working wit this solicitor you'll have to do what he said, get written authority from your granddad for the solicitor to discuss it with you and give you a copy of the agreement. Because of a solicitor's duty of client confidentiality they cannot give you copy documents without your granddad's express authority.

Link to post
Share on other sites

What am I looking for, strict proof that my granddads solicitor has the correct and required documentation that allows him to be in a position of legally representing my granddad as opposed to doing this unlawfully which having no contract/agreement would result in.

 

Are solicitors/barristers immune from working under a contract? if that is so, I am obviously barking up the wrong tree.

 

Just don't want my granddad being misled or misrepresented.

 

You already said your granddad instructed the law firm.

 

It doesn't sound like anything unlawful is going on as contracts can also be verbal, but I fully expect that there is a signed CFA in this case.

 

No offence but it just seems like you're sticking your nose in and I can't quite work out what your angle is.

Link to post
Share on other sites

It is a bit strange that the solicitor hasn't provided a copy of his terms yet.

 

Failing to provide an engagement letter does not make the representation 'unlawful', but it would put the solicitor in breach of some of his regulatory obligations (such as an obligation to inform your grandfather in writing of his right to complain to the Legal Ombudsman and other such things).

 

Is this issue really about something else - is your grandad unhappy with the representation?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

It is a bit strange that the solicitor hasn't provided a copy of his terms yet.

 

Failing to provide an engagement letter does not make the representation 'unlawful', but it would put the solicitor in breach of some of his regulatory obligations (such as an obligation to inform your grandfather in writing of his right to complain to the Legal Ombudsman and other such things).

 

Is this issue really about something else - is your grandad unhappy with the representation?

 

The otherside have made an offer which is considerably a lot less than the solicitor advised on being an amount for compensation, the offer and in all honesty is derogatory and not acceptable.

 

Solicitor has indicated that and in his opinion the offer should be accepted and has also indicated that if my granddad accepts this offer, which he is about to reject, the other-side will be liable for my granddads legal costs which have in princible been agreed by his solicitor and the solicitor working for the otherside.

 

Think my granddad is being pressured into accepting this offer not because of what my granddad will get but based on the legal fees granddads solicitor will be able to recover.

 

Again its awakward but I would hate the thought of my granddad being misled when at all times the solicitor representing him has no legal right to do this without a contract being not only in place but also some proof that the solicitor is not making profit from misrepresenting my granddad.

 

CAB have advised that before granddad makes any decision he should have proof that the solicitor representing him has followed the correct procedures that demonstrates he could represent granddad, my gut feeling is that he is not put himself into a position which allows him to take granddads case on, providing the contract/agreement would show everything was in order and the fact that previous requests for the proof of funding by way of providing a copy of the agreement/contract being denied, is a bit iffy imo

Link to post
Share on other sites

It's impossible to advise if the offer is reasonable or not as we don't know what the injuries were or what offers have been made.

 

Your granddad instructed the solicitor (your words) so I don't understand this obsession that no contract is in place.

 

Your granddad needs to ask the solicitor himself for a copy of the CFA, or give you permission in writing, if he wants to see it.

  • Haha 1
Link to post
Share on other sites

Thanks for the info. Unless I am missing something, the actual problem your gradnad is facing has nothing to do with whether or not a contract is in place.

 

Even if you find a contract, the settlement offer would still need to be dealt with. And I am sure your grandad would still be receiving exactly the same advice from the solicitor.

 

It is perfectly normal for solicitor's fees to be dealt with as part of any settlement. Solicitors are not charities and are entitled to be paid for their work. In smaller cases I'm afraid that legal fees can sometimes exceed the settlement amount.

 

Your granddad doesn't have to accept the settlement if he is not happy with it. Unless the solicitors are trying to say that he will be liable for their fees if he rejects the offer?

 

I am not sure what you are trying to achieve by focusing on searching for a contract. Yes I agree the solicitors should provide your grandad with a copy of their T&Cs engagement letter (which do not necessarily need to have been signed). But I doubt that will actually resolve the real issue.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Have a wee look at this link from Solicitors Regulation Authority: (Help and Guidance & Frequently asked Questions) https://www.sra.org.uk/consumers/consumers.page

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

Does the OP yet have authority (to act on behalf of his grandfather) from his grandfather?

Until then, he has no more right to information about the (confidential) relationship between the solicitor and client than I have to demand sight of the agreement between them.

 

For all we know, the grandfather may be being pressured more by the OP than by the solicitor ........

Link to post
Share on other sites

@ BazzaS

 

Completely Agree

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

What sort of injuries and settlement figures are we talking about here? You mentioned broken arm - depending on how severe that could be anywhere from £5k to £50k

 

In the lesser cases (worth £25k and below) the costs that can be recovered from the other side are fixed in the Civil Procedure Rules.

 

So the comment in post 18 that the solicitors have agreed costs, suggests the claim is worth over £25k - is that correct?

Link to post
Share on other sites

Does the OP yet have authority (to act on behalf of his grandfather) from his grandfather?

Until then, he has no more right to information about the (confidential) relationship between the solicitor and client than I have to demand sight of the agreement between them.

 

For all we know, the grandfather may be being pressured more by the OP than by the solicitor ........

I am not saying that I have any authority to act on behalf of my granddad, however, that is irrelevant at this stage, because whilst I may not have the authority, for now, I have the right to protect him because of who he is to me, period.

 

And if I feel the solicitor is acting shifty, because some do, and to the most vulnerable he will have me to deal with, period.

 

As for putting pressure on my granddad, why would I do that, the only person who is remotely putting any pressure on him would appear to be his solicitor who to date and for the most obvious of reasons cannot even show a legitimate contract when that obligation and duty was put to him.....

 

I reckon the solicitor is pulling a fast one, like they do, and making legal representation as to profit without having the authority or should I say data in place which would allow him to be able to do that.

 

Solicitor's and like any over businesses are bound by the law of contract, why solicitors are so convinced that they are immune from following those same standards, is probably the reason they have chosen that proffesion in the first place and are convinced that they can act above the law, trust me, they CANNOT, period...

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2451 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...