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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello, I am trying to extend my trial date and also eventually

Customer Question

Hello,

I am trying to extend my trial date and also eventually settle out of court since i have been misrepresented by my Previous Solicitors, who manage to nullify my Insurance cover! Can you tell me if i have written these letters correctly? I have faxed 1 letter to obtain my case files and i have yet to send the other two letters one to the defendant and one to the court.

Mr N Kurasinski
62, Medway Parade
Perivale
UB68HS
XXXXXXXXXXX


Sunday 30th March 2014
Court Manager
Uxbridge Conty Court
501, Uxbridge Road, Hayes
Middlesex
UB48HL
Claim Number 3YL72162

TRIAL EXTENSION CLAIM 3YL72162


Dear Court Manager,


Unfortunately, my attorney Wosskow Brown has cease being my legal representative and this has caused me extreme difficulty in finding a Solicitor to take on this case. I have also instructed them so many times to forward me the case files so I can seek legal advice to see how I may proceed with this claim. To this date after many attempts in demanding my files I have not received them

I have also applied to Transport for London for Camera evidence of the incidence and I am waiting for their reply, this could be crucial in finding out exactly what occurred. The reference for this is(NNN) NNN-NNNN

I have written to the Defendant Solicitors and ask them to cooperate with me to seek an Extension for the trail a further 45 days. I await their reply.

I have been unable to appoint an attorney at this point, but I am making efforts to do so.


Yours sincerely XXXXX

Mr N Kurasinski
62, Medway Parade
Perivale
UB68HS
XXXXXXXXXXX

Sunday 30th March 2014


Wosskow Brown Solicitors
Sheffield Offices
The John Banner Centre
620ttercliffe Road
Sheffield S9 3QS
Fax:01142433951

Your Ref: 112/K806/2/AMKuansinski

CASE FILES


Facsimile Transmission


Dear XXXXX Hadley,

I have conveyed this message to you on many occasions over the telephone and thru third parties that are trying to assist me obtaining my Case Files. It has been said before how urgent the matter is. As you are well aware the trial is scheduled to take place on the 3rd of April 2014.

Without delay please forward my case files to me!

Since you have withdrawn yourself from representing me I have not managed to obtain legal representative and this has cause great anxiety and distress!

Furthermore, when I appointed you my legal representative I was informed that you will be contacting my Insurers the Cooperative, to inform them of the accident and my claim, I am not sure this was done, and executed in my best interest. The state of the matter is I had comprehensive insurance of which the cooperative has now positioned me as Non Grata, and effectually I have not been covered by this accident or claim.


Yours sincerely

Mr N. Kuransinski




Mr N Kurasinski
62, Medway Parade
Perivale
UB68HS
XXXXXXXXXXX


Sunday 30th March 2014

Samantha Smith
Berrymans Lace Mawer LLP
Castle Chambers XXXXX
Liverpool
L29SU

Your Ref:SM/BAJ/138373-5508

TRIAL EXTENSION CLAIM 3YL72162


Dear XXXXXantha Smith,

I have asked a friend to convey the following:

I find myself in the unusual position of having to contact you directly without legal representation. Wosskow Brown Solicitors has withdrawn them as my legal representative in this Claim. This has left me perplexed and I have been trying with exceeding difficulty to seek alternative legal advice. I therefore ask you to cooperate and agree to an extension of 45 days. I will also be writing to the court to explain my position.

Obtaining my Case Files has taken an unusually long time, which has impeded matters greatly. I am still not in possession of my Case Files, which I have requested from Wosskow Brown Solicitors.

Furthermore, I have difficulty in understanding how, but I would like to explain to you that my Insurer, The Cooperative has objected in covering me for these legal proceedings, though I had thought that Wosskow Brown Solicitors had indeed informed them of the accident and duly conducted everything in my best interest, it is why I approached them in this Claim as I have difficulty understanding how I should have proceeded after the incident.

I have had a difficult time finding Legal representation as I have limited funds to do so, I am only working 3 days a week and live in rented accommodation, I am currently trying to see if I am eligible for Legal Aid or find legal representation pro bona.

I will like to also inform that I hae asked TFL to investigate if they have photographic record of the incident that occurred reference(NNN) NNN-NNNN

I await your reply


Yours sincerely

Mr N. Kuransinski
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : At what stage are proceedings? What is the value of the claim please?
JACUSTOMER-xfv0kcda- :

hi i initially made a claim agai st yhe defendant. the defendant is contesting the clsim and after they psid me £800.00 their cost id smounting to £8000.00 the trial is in 3 dsys. ineed extension.

JACUSTOMER-xfv0kcda- :

My CRUCIAL question is the letters okay. i need to send them as a matter of urgency.

JACUSTOMER-xfv0kcda- :

They neither admit or deny any counter claims or liability.

Alex Watts :

You need to make a formal application using form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You can't just write to the Court.

Alex Watts :

Make the application and enclose the letters.

Alex Watts :

Then the Court can consider it.

Alex Watts :

But you MUST make an application - the cost is £45 - otherwise the Court will not even consider it.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-xfv0kcda- :

hi,

JACUSTOMER-xfv0kcda- :

I went to the county court ans they said email will do but they will confirm tomorrow. but thank you i need to get this correct

JACUSTOMER-xfv0kcda- :

I may need help on how to refer my case to the law society.

Alex Watts : The court staff are not legally trained.
JACUSTOMER-xfv0kcda- :

ah

JACUSTOMER-xfv0kcda- :

i did also phone th ecourt

Alex Watts : For the avoidance of doubt make a formal application.
JACUSTOMER-xfv0kcda- :

they said email will do

Alex Watts : Yes they are not legally trained.
JACUSTOMER-xfv0kcda- :

Mmm

Alex Watts : ok - well I personally would make an application,
JACUSTOMER-xfv0kcda- :

ok i will do so

Alex Watts : Otherwise it could be referred to a judge the email and it comes back saying a formal application is needed.
JACUSTOMER-xfv0kcda- :

after tomorrow acknowledgement

Alex Watts : ok.
JACUSTOMER-xfv0kcda- :

ok

JACUSTOMER-xfv0kcda- :

Wosskow Brown did not advise properly

Alex Watts : If you need to find a local solicitor you can go to
Alex Watts : http://solicitors.lawsociety.org.uk/
JACUSTOMER-xfv0kcda- :

and i had comprehensive insurance

Alex Watts : Or if you need to make a complaint about a solicitor go to
JACUSTOMER-xfv0kcda- :

but it will not cover

Alex Watts : www.sra.org.uk
Alex Watts : Can I clarify anything for you?
JACUSTOMER-xfv0kcda- :

thank you

JACUSTOMER-xfv0kcda- :

for now it is waiting time

JACUSTOMER-xfv0kcda- :

thankyou

JACUSTOMER-xfv0kcda- :

bye

Alex Watts : Ok.
Alex Watts : Please remember to leave feedback before you go today
Alex Watts : And I am happy to help with any future questions, just start them for Alex W
Alex Watts : all the best with this.
JACUSTOMER-xfv0kcda- :

Hello,

Alex Watts :

Hello

JACUSTOMER-xfv0kcda- :

hi Alex

JACUSTOMER-xfv0kcda- :

I manage to settle myself before going into court with the defendants solicitors.

JACUSTOMER-xfv0kcda- :

And they paid me a £1000.00

JACUSTOMER-xfv0kcda- :

My ex solicitors said in a previous letter that i have breached CFA

JACUSTOMER-xfv0kcda- :

Can they come after me with their bill?

Alex Watts :

If you have breached it they could.

Alex Watts :

Because you have agreed to certain terms and conditions

JACUSTOMER-xfv0kcda- :

What they says is an enginner report is not going my way for the accident, but bearing in mind there has been a settlment

JACUSTOMER-xfv0kcda- :

I won

JACUSTOMER-xfv0kcda- :

Is it so that they cannot claim more than a 100% of my claim?? Under the CFA rules?

Alex Watts :

Correct.

Alex Watts :

You can only claim 100%

Alex Watts :

New rules came in April 2013

JACUSTOMER-xfv0kcda- :

So they can only claim a £1000.00 no more than that?

JACUSTOMER-xfv0kcda- :

their bill is £8k

JACUSTOMER-xfv0kcda- :

but they starting representing me on the 26th september 2012

Alex Watts :

I see. sorry

Alex Watts :

No if their bill was £6000 and you breached the CFA they can claim £6000

Alex Watts :

And a 100% uplift of another £6000 because it was pre April 2013

JACUSTOMER-xfv0kcda- :

they idea of breach is saying engineer report does not fully substantiate my version, but it also states in the report that it is possible. so is their idea of breach fragile?

JACUSTOMER-xfv0kcda- :

wow

Alex Watts :

Is that it?

JACUSTOMER-xfv0kcda- :

yeah

JACUSTOMER-xfv0kcda- :

they thing is i think they misrepresented me

Alex Watts :

Ok - that does not sound like a breach.

JACUSTOMER-xfv0kcda- :

i didnt fully understand that my comprehensive insurers could have done what they did; represent me in a claim

Alex Watts :

But they can try and claim it off you.

JACUSTOMER-xfv0kcda- :

it was unfunded

Alex Watts :

But you have won in any event

Alex Watts :

Yes but a CFA is a no win no fee

Alex Watts :

You need to see their terms and on what basis they allow you to withdraw

JACUSTOMER-xfv0kcda- :

i want to nip it in the bud, so they is no come backs

Alex Watts :

Ok.

Alex Watts :

I dont know all the details but it sounds like something you can fight

Alex Watts :

Can I clarify anything else?

JACUSTOMER-xfv0kcda- :

they made an application to court To Come Off record as acting for me

Alex Watts :

Ok - it was their choice.

JACUSTOMER-xfv0kcda- :

just based on engineer report

Alex Watts :

But you need to check the terms of the CFA to see if you breached it

JACUSTOMER-xfv0kcda- :

yes

JACUSTOMER-xfv0kcda- :

so their CFA will be different, it is not a standard thing?

Alex Watts :

I can't say because I havent seen it

Alex Watts :

But you need to check the terms

Alex Watts :

Can I clarify anything else?

JACUSTOMER-xfv0kcda- :

thank Alex, i will ask for their CFA

JACUSTOMER-xfv0kcda- :

sorry my son was calling me

JACUSTOMER-xfv0kcda- :

Thanks you Alex

Alex Watts :

Yes

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

All the best.

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