Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
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.
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%
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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?
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.
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.
The Solicitor was in charge of the case and any claim should be against them.
You are responsible for taking the Solicitor to Court.
The insurers have NOT been negligent the Solicitors have so any claim is against them not the insurer.
Does this clarify?
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.
Your insurers are not lawyers.They do not know whether or not they consider your prospects to drop
Therefore there is no claim
You can claim against both, but my view is your claim against the insurer would fail
Does that clarify?