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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I sent in a claim against the Police to Court for personal

Customer Question

Hi. I sent in a claim against the Police to Court for personal injury which
went astray and was actually stamped as received some 3 weeks after sending. The police solicitor did not say anything about the out of time issue and I simply carried on, as they did, and paid £ 920 for a psycho report. my legal aid request was refused as the barrister said it was out of time and the defendant would simply raise that issue and the case would be invalid. I believe this issue should have been raised immediately the defendants solicitor was aware of the out of time issue and halted matters then re his duty of care to the Police. i would not have then wasted the money, so I want it back of the basis of their incompetence.
can I succeed ??
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 :

Does the claim form not say date received by the Court, rather than date of issue please?

Customer:

HI. IT IS AN NI CLAIM FORM STAMPED AS DATE RECEIVED. NO OTHER DATE IS ACTUALLY ON IT, LIKE

Customer:

WHEN YOU SIGNN AND DATE THINGS.,

Customer:

I SIMPLY SIGNED IT AND SENT ON THE 8TH OCTOBER 2008 AND IT WAS DATE STAMPED 27TH.

Alex Watts :

How do you know when it was received?

Customer:

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.

Alex Watts :

Why did you file it so late, why wasnt it done a month ago?

Customer:

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

Customer:

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.

Customer:

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 !!

Customer:

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.

Customer:

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

Customer:

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 ???.

Customer:

ZILCH !

Alex Watts :

Did you send the documents to the Court recorded delivery? Does it show signed for before limitation?

Customer:

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

Customer:

IMPROPERLY AND NEGLIGENTLY ?? THAT IS WHAT I WANT TO KNOW.

Customer:

WILL YOU PLEASE STOP THE SYSTEM SENDING EMAILS TO RATE YOUR ANSWER WHEN I HAVEN'T RECEIVED IT YET !!!

Alex Watts :

Yes the Solicitor is negligent

Alex Watts :

You should complain to the Managing Partner at the firm. They will have a complaints process

Alex Watts :

If the matter is not resolved you can then take it to the Regulator.

Alex Watts :

They can investigate, prosecute and strike off a Solicitor for a breach of the rules or negligence

Alex Watts :

Their details are:

Alex Watts :

www.sra.org.uk

Alex Watts :

(0)121(###) ###-####/p>

Alex Watts :

Solicitors Regulation Authority, The Cube,***** Birmingham, B1 1RN

Alex Watts :

So yes they appear negligent and this is the process you should follow

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Customer:

BEEN MY QUEWSTION ALL ALONG

Customer:

CAN YOU CONFIRM THAT PLEASE AND TELL ME HOW I CAN GET A PRINT OF YOUR OPINION FOR THE

Customer:

COURT PLEASE ?? HANKS

Alex Watts :

Once you rate my answer positive then the format changes which means you can print it

Alex Watts :

But you can still go to the Regulator

Alex Watts :

All Solicitors are covered by the SRA

Alex Watts :

Does that clarify?

Customer:

WELL I'LL NOT WASTE ANY TIME CONTACTING THEM AGAIN GIVEN WHAT THEY TOLD ME.

Alex Watts :

Ok.

Alex Watts :

Can I help with anything else today?

Customer:

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.

Alex Watts :

Yes they could well be.

Alex Watts :

It is something they should have spotted fairly early on

Alex Watts :

However given if you bring the claim you should know the time limits, I don't think you could sue them for negligence

Customer:

I AGREE. I AM SUING THEM FOR MONEY I EXPENDED BECAUSE THEY CARRIED ON WITH THE CLAIM.

Alex Watts :

Thank you. I dont think you would succeed though.

Alex Watts :

The fact they carried on with the claim I do not think will be enough

Alex Watts :

If it had been YOUR solicitor then you may have a caim

Alex Watts :

claim

Alex Watts :

But because its the opposition I don't think that will be enough

Customer:

YOU SYA THEY WERE NEGLIGENT TO THEIR OWN CLIENT ?? IF THEY WERE AND I PAID OUT BECAUSE OF IT

Alex Watts :

Yes but it would be their own client who would sue

Customer:

DID THEY NOT CAUSE BY LOSS BY BEING NEGLIGENT ??

Alex Watts :

You are not their client and you can't sue

Alex Watts :

Only their client could sue

Alex Watts :

I am sorry

Alex Watts :

You could try and bring a claim, but I fear you may lose

Customer:

O K LUV BUT I WILL STILL TRY AS IT IS UNFAIR AND UNREASONABLE A PERSON HAS TO SUUFER

Alex Watts :

Yes ok. Can I clarify anything else?

Customer:

FINANCIAL LOSS AS THE RESLIUT OF ANOTHER'S NEGLIGENCE, NO MATTER WHAT THE SCENARIO

Alex Watts :

Ok.

Customer:

SORRY ABOUT LAST NIGHT, 2 LATE TO TALK PROPERLY I SUPPOSE.

Customer:

CHEERS

Alex Watts :

That is ok

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