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Hello my name is ***** ***** I will help you with this.
Does the claim form not say date received by the Court, rather than date of issue please?
HI. IT IS AN NI CLAIM FORM STAMPED AS DATE RECEIVED. NO OTHER DATE IS ACTUALLY ON IT, LIKE
WHEN YOU SIGNN AND DATE THINGS.,
I SIMPLY SIGNED IT AND SENT ON THE 8TH OCTOBER 2008 AND IT WAS DATE STAMPED 27TH.
How do you know when it was received?
I HAVE 2 COPY LETTERS SENT WITH IT, DATED 8TH AND 9TH RESPECTIVELY. CAN I SAY WHAT THE COURT DID OR DIDN'T DO IS NOT THE ISSUE HERE. THE DEFENDANT SOLICITORS RECEIVED AS DATED 27TH, WHICH WAS OUT OF TIME, YET CARRIED ON WITH THE CASE. I DID NOT FIND OUT ABOUT THE DATE UNTIL THE BARRISTER THRU LEGAL AID SPOTTED IT AND SAID THE CASE WAS INVALID. MY POINT IS THE DEFENDANT SOLICITORE RECIVED THE DOCUMENT DATED AS OUT OF TIME YET CARRIED ON WITH CASE AS IF IT WAS IN TIME. I HAD NO REASON TO THINK OTHERWISE, NOR DID A JUDGE AT THE FIRST HEARING.
Why did you file it so late, why wasnt it done a month ago?
FOR ONE SIMPLE REASON. I ISSUED MY CLAIM ON 8TH APRIL 2008 TO ALLOW THE 3 MONTH PROTOCOL TO BE FOLLOWED. I SENT ALL MY DOCS TO THE CLAIMS AGENT BUT THEY REFUSED TO GIVE ME INFO ABOUT
POLICE STATEMENTS MADE ABOUT ME. I THEN TOOK COURT ACTION TO OBTAIN THEM AND FINALLY GOT THEM JUST IN TIME TO DECIDE ON THE BASIS OF WHAT I FOUND THE POLICE HAD LIED IN STATEMENT. THEN I ISSUED THE CLAIM FORM.
MY ARGUMENT IS SIMPLE. THE RETAINED SOLICITORS HAD A DUTY OF CARE TO PROTECT THEIR CLIENT. MY CLAIM AGAINST THE POLICE WAS A "THREAT" PER SE AS THEY SHOULD FOLLOWING THIS DUTY HAS SIMPLY TOLD ME SORRY MR GARNER YOUR CLAIM IS OUT OF TIME. PLEASE GO AWAY !!
I'M NOW ASKED TO GIVE A SERVICE RATING ?? IN THE LADIES ABSENCE ?? MY QUESTION WAS ABOUT MY CLAIM BEING OUT OF TIME, AND DO I HAVE RECOURSE FOR THE FACT THAT THE DEFENDANT SOLICITOR DID NOT BRING THIS POINT UP IMMEDIATELY AND OBVIATE MY CLAIM AS THEIR DUTY OF CARE.IN MY VIEW OBLIGES THEM TO.
I DID EXPECT SHE BE FAMILIAR WITH THE STANDARD N1 CLAIM FORM AND NOT NEED TO ASK ABOUT IT.I ALSO DID NOT EXPECT TO BE ASKED ABOUT WHY IT TOOK SO LONG TO FILE IT. I ALSO DID NOT EXPECT SHE QUERIED THE FACT I DID NOT FILE A MONTH AGO, WHEN I CLEARLY STATED THE EVENTS REFERRED TO OCCURRED IN 2008 . ALL THREE HOURS I INVOLVED MYSELF WITH THIS, INCLUDING THE WAIT, WAS NOT
EVEN RELEVANT TO THE QUESTION I ASKED. AND WHEN I TAKE THE TROUBLE TO REPLY TO AN IRRELEVANT QUESTION OUT OF COURTESY, SHE DEPARTS THE SCENE. I AM THEREFORE OBLIGED TO RATE AT THE LOWEST LEVEL, AND REQUEST A REFUND, AND THE SERVICE HAS BEEN, WHAT'S THE WORD ???.
Did you send the documents to the Court recorded delivery? Does it show signed for before limitation?
SORRY FOR ANGST LU BUT I IND THESE CHAT THINGS VERY AWKWARD. WILL YOU PLEASE PLEASE ANDWER MY QUESTION. IT DOES NOT MATTER HOW THE FORM WAS LATE. IT IS THE ACTION OF THE DEFENDANTS SOLICITOR AFTER THEY WERE SERVED IT DATED OUT OF TIME. WHAT ALL THIS FUSS ABOUT HOW IT WAS LATE, RECORDED OR WHATEVER.IS IRRELEVANT THEY RECEIVED AN OUT OF TIME CLAIM AND DID NOT ACT IN THEIR CLIENTS INTEREST BY REJECTING IT IMMEDIATELY. MY QUESTION IS DID THEY ACT
IMPROPERLY AND NEGLIGENTLY ?? THAT IS WHAT I WANT TO KNOW.
WILL YOU PLEASE STOP THE SYSTEM SENDING EMAILS TO RATE YOUR ANSWER WHEN I HAVEN'T RECEIVED IT YET !!!
Yes the Solicitor is negligent
You should complain to the Managing Partner at the firm. They will have a complaints process
If the matter is not resolved you can then take it to the Regulator.
They can investigate, prosecute and strike off a Solicitor for a breach of the rules or negligence
Their details are:
Solicitors Regulation Authority, The Cube,***** Birmingham, B1 1RN
So yes they appear negligent and this is the process you should follow
Can I clarify anything for you about this today please?
GOT THE TEA SHIRT MY LUV. WAS TOLD I CAN'T USE THEM AS IT IS THE DEFENDANT SOLICITOR AT FAULT, NOT MINE. YOU SAY THEY HAVE BEEN NEGLIGENT TOWARDS THEIR OWN CLIENT THEN ?? THAT HAS
BEEN MY QUEWSTION ALL ALONG
CAN YOU CONFIRM THAT PLEASE AND TELL ME HOW I CAN GET A PRINT OF YOUR OPINION FOR THE
COURT PLEASE ?? HANKS
Once you rate my answer positive then the format changes which means you can print it
But you can still go to the Regulator
All Solicitors are covered by the SRA
Does that clarify?
WELL I'LL NOT WASTE ANY TIME CONTACTING THEM AGAIN GIVEN WHAT THEY TOLD ME.
Can I help with anything else today?
YOU TELL ME THE DEFENDANTS SOLICITORS WERE NEGLIGENT IN NOT BRINGING UP THE MATTER OF THE OUT OF TIME CLAIM IN THE FIRST INSTANCE AS DUTY OF CARE. IS THAT CORRECT.
Yes they could well be.
It is something they should have spotted fairly early on
However given if you bring the claim you should know the time limits, I don't think you could sue them for negligence
I AGREE. I AM SUING THEM FOR MONEY I EXPENDED BECAUSE THEY CARRIED ON WITH THE CLAIM.
Thank you. I dont think you would succeed though.
The fact they carried on with the claim I do not think will be enough
If it had been YOUR solicitor then you may have a caim
But because its the opposition I don't think that will be enough
YOU SYA THEY WERE NEGLIGENT TO THEIR OWN CLIENT ?? IF THEY WERE AND I PAID OUT BECAUSE OF IT
Yes but it would be their own client who would sue
DID THEY NOT CAUSE BY LOSS BY BEING NEGLIGENT ??
You are not their client and you can't sue
Only their client could sue
I am sorry
You could try and bring a claim, but I fear you may lose
O K LUV BUT I WILL STILL TRY AS IT IS UNFAIR AND UNREASONABLE A PERSON HAS TO SUUFER
Yes ok. Can I clarify anything else?
FINANCIAL LOSS AS THE RESLIUT OF ANOTHER'S NEGLIGENCE, NO MATTER WHAT THE SCENARIO
SORRY ABOUT LAST NIGHT, 2 LATE TO TALK PROPERLY I SUPPOSE.
That is ok