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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had my insurers accept a claim and give me £50,000 legal

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I had my insurers accept a claim and give me £50,000 legal backing to fight my case in Court against a firm of Property Agents who lied about everything
I had a firm of Solicitors in London try and get me to allow then to act for me on 19.11.2009 in connection with a case already in Court .When I received their letter I wrote back on the same day by email and refused to accept their offer as I was happy with the service I was getting from another firm that offered legal advice but had not Solicitors to offer help.
Unknown to me they wrote to my insurers ( but said nothing to me) and by 20.1 2009 they got the appointment confirmed by my legal expenses insurers that they could act but my case in Court was me as acting for myself. You have to understand having waited 8?9 weeks so much time had been lost in negotiating with this new firm to be one of their new panel Solicitors . It was the reason I heard nothing for nearly 2 months. This delay was against the offer made by my insurers that my £50,000 legal backing was to be used to appoint one of their tried and tested existing Panel Solicitors. But my new firm became one as a new appointment. I was not at all pleased knowing I had already refused permission to act. in writing.
This new firm of Solicitors took my case on but never allowed it to be heard. They showed lack of interest in my case the defendants Solicitors made many complaints about my Solicitors and they asked the Court to strike off my case because my Solicitors did not obey the instructions of the Court on 2.3.2009. This new firm walked away and left me stranded on 9.4.2009, but did so knowing they were facing problems with the Judge and the defendants Solicitors. They said nothing and it means they deliberately with-held material facts from me and the insurance company My firm of Solicitors told my insurers my claim was not winnable by more than 51% so my insurers would now refused to continue to pay. That left me as having to deal with the case myself. The truth is it was in a mess because of my Solicitors mistakes and I had to pay £11500 to settle out of Court because I could not find a Solicitor to get involved when the Court Hearing was due in 6 days The case is within the 6 year rule..
My question is...... My insurers by saying what happened it is is not their fault. Remember, I had refused them permission to act on 19.11.2008 and they knew this but they never mentioned it to my insurers. Can my insurers be seen a guilty of acting unfairly and can they be made guilty of any crime by allowing the Solicitors to walk away before my insurers had agreed this was in order? They allowed the Solicitors they appointed (but under contract with me) to walk away and leave me stranded but without the permission of myself or my insurers. But I had done nothing wrong and knew my case had never been given the attention it deserved....it was believe it or not NEVER ALLOWED TO BE HEARD. I ask who had the control to say if the Solicitors had the right to walk away when permission had not been given by me or my insurers.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

Customer:

I am trying to know who was in charge of my case me or the insurers. Moreover, if the Solicitors have acted incorrectly what are the guilty of by getting permission to act without getting my agreement in advance. I had already refused them permission on 19.11.2009 so felt they had nor right to act behind my back. I never wanted London Solicitors and the reason I refused permission but they got in touch with my insurers without telling me. They had never been acting for me before they got appoionted but they pretended that they had been acting which I know is not the case.

Alex Watts : Ok. Do you accept prospects fell below 51% please?
Customer:

I would say the prospects were 100% as regards ***** ***** being winnable and the Solicitor who was appointed to act by my insurers made my case not winnable on purpose. I say on purpose because had he remained acting for a few days more instead of getting me to sign forms to remove him from acting ( he said if I did not do it he would do it and charge me) what was discovered when I was forced to act for myself was he had failed to do as was demanded by the Court Judge and he was facing trouble with the defendants Solicitors for his failure to co-operate and they had asked the judge to strike off my case. In other words he got my case case in a dreadful mess and because all the problems had been kept hidden from me I was left to settle by making a payment of £11500 to the defendants. But I had done no wrong and found myself in facing this serious loss because this Solicitor , who never discussed my case with me deliberately made me act for myself by telling my insurers my case was not winnable above 51%. He said my insurers would no longer support my legal expenses and so walked away but without the permission of myself or my insurers. I was just left stranded and faced to settle but I know my case was winnable and simply never heard by him as he made it not winnable to pass his problems on to me when I was made to act for myself.The insurers took the view he had made the right decision but had he remained acting then this Solicitor would have had to explain all the problems about him faling to act properly but it was only 10 days later I found out about the problems and as a layman I was without legal support and it was my solicitors problems that he passed on to me that left me having to settle out of Court. What he did to me was make my case not winnable so my insurers would see this as why my case could not be continued becaause he said it was not winnable above 51%

Alex Watts : No case would ever be 100%. At the very most a lawyer would only ever tell you 60%. If the solciitor was negligent and you lost then you may be entitled to claim against them. But you need to show they acted Improperly
Alex Watts : If you had refuse to instruct solicitors and they did and you knew they did that is not an issue. By going alo with it you give implied consent. However you may well have a case against your solicitor for breach of contract.
Alex Watts : You should complain to the managing partner of the firm who handles complaints and also the Legal Ombudsman and the a regulator the SRA www.sra.org.uk
Alex Watts : If you have a finding against them you have a stronger claim than if you do not.
Alex Watts : But the solicitor will have insurance so that may cover you anyway,
Alex Watts : But start by doing that and then if you are against limitation issue a claim for breach of contract.
Alex Watts : Can I clarify anything for you about this today please?
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’.

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Customer:

You may now see my case as being a little complicated. What I need to know is if my insurers appoint a Solicitor of their choosing ( I was not given the chance) and he walks away before getting permission from me or my insurers and he was removing his firm because of them being in trouble with the Court and the defendants Solicitor( but kept this hidden from me) so did he have the right to walk away without my permission? He did not even ask for permission from my insurers. I have also been led to believe that insurers have no right to insist I use one of their firms who proved useless. Since I was not given the chance to ask for an alternative I ask was I deprived of my rights by my insurers?I was made to pay £11500 to settle out of Court because they gave me a terrible firm of Solicitor. What are my rights? Who was in charge? The fact is this Solicitor never allowed my case to be heard or discussed and so unacceptable but my insurers decided to accept the not winnable verdict despite all my protests. I am taking the Solicitors to Court for professional Negligence but are my insurers guilty of failing me as well?

Alex Watts :

The Solicitor does not need your permission to withdraw from a case. If a Solicitor is going to discontinue a case whilst acting he needs your permission, but not to come off record.

Alex Watts :

Whether you are entitled to have your own Solicitor is a matter of your terms and conditions. Generally you should have a choice but they do have panel Solicitors.

Alex Watts :

The Solicitor was in charge of the case and any claim should be against them.

Alex Watts :

You are responsible for taking the Solicitor to Court.

Alex Watts :

The insurers have NOT been negligent the Solicitors have so any claim is against them not the insurer.

Alex Watts :

Does this clarify?

Customer:

I do appreciate your help. But what is troubling me is my insurers allowed this Solicitor to walk away knowing of the problems he caused that led me to be forced to pay the defendants £11500 and now that I have discovered the problems that the Solicitor kept hidden was this not a reason for my insurers to investigate the problems I was reporting rather that let him walk away. They just left me stranded but what was my £50,000 legal backing for if not to have this terrible Solicitor investigated as to my complaints.This Solicitor chosen by them was responsible for my losses as they would not investigate my complaints that my case was never allowed to be heard.The truth is both let me down. Is their a simple answer? I will rate you VG if you can reply.

Alex Watts :

Your insurers are not lawyers.They do not know whether or not they consider your prospects to drop

Alex Watts :

Therefore there is no claim

Alex Watts :

You can claim against both, but my view is your claim against the insurer would fail

Alex Watts :

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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