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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a MOJ regulated claim manager specializing in pension

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I am a MOJ regulated claim manager specializing in pension negligence. I was instructed to pursue a claim for negligence by a client in 2012. I traveled some distance to meet him and take instructions etc. The negligent adviser had ceased trading so I directed the claim at the FSCS. They prevaricated while legal argument ensued as to whether the IFA was negligent or the firm who promoted the scheme to the IFA. In the end the FSCS decided on the latter. The application to the FSCS clearly marked that we were "acting on my (our clients') behalf in making this claim. The FSCS decided that they wanted all new paperwork filled in based on the change of defendant. Unbeknown to me they sent a new application direct to my client which he filled in (they should not have done that) . Clearly the agency section he did not complete. I spoke to him shortly afterwards when he said he'd filled it in and sent it off. I suspect hoping to avoid my contingency fee. I warned him that my fee would be due on any payment received. I have just chased the FSCS for details of his payment as I'm 99% sure he'll be in funds by now. They have said "your not down as the agent for this claim". That would be the case as I'm recorded as acting in respect of the first application against the IFA who they decided wasn't liable. I would like to invoice him as I feel my fee is rightly due and think a DJ would see it the same way. My fee agreement does not specify which defendant is going to pay. My difficulty is that the FSCS are refusing to confirm if, when or how much they paid. If my client just denies payment I am not going to be able to prove my claim in court. Help!
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I am happy to wait. Thank you

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is the value of your fee please?
Customer: replied 2 years ago.

Hi Alex

I've been away.

Eh - fee is £9,600 plus vat.

Thx xxx

Expert:  Ash replied 2 years ago.
So you can't bring a claim without the FSCS disclosure, is that right?
Customer: replied 2 years ago.

That's kinda what I'm asking Alex. If a DJ asks for "proof" that my client has been paid I wouldn;t have anything. The FSCS are refusing to hand that over. Likewise the defendant I'm 99% sure wouldn;t deny he'd received it. I could fly a kite I suppose. He might cough up on receipt of the summons......but I'd rather have the evidence.

Expert:  Ash replied 2 years ago.
Ok - dont forget all you need to show is show, on balance that it would be owing.
But if you can't do that without FSCS information then you need to issue proceedings for specific disclosure.
You need to specify exactly what you want and why. You will need to make a formal application using form N244 and a hearing fee of £155.
You need to write and ask for their formal response but say you either give me the docs or you will make an application to Court. If they still refuse then you can issue an application which will be listed.
But it can't be a fishing exercise so you need to say what you want and why.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Alex - this is great - Really helpful. But would I go down this N244 route BEFORE issuing proceedings or would it be later after a defence has been entered? I would like to know the chain of events.

Expert:  Ash replied 2 years ago.
Ok - you make an application.
They can object or agree to it.
There is a hearing on the application.
Once you get the document you can formally issue proceedings.
Then a defence is filed and the normal route.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
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