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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2006, I approached a Company who had been advertising constantly

Resolved Question:

In 2006, I approached a Company who had been advertising constantly on National Radio. The Company, Hearing Compensation Recovery Unit maintained they specialised in compensating individuals for hearing loss incurred through working in noisy environments for long periods. In those days I don't think that 'No win no fee' cases existed so I was more than happy for the Company to go ahead with a claim on my behalf upon me paying £350 upfront to them to cover their costs.
I had an Audiologist come round to my house and the results of the audiogram proved I did have hearing loss which was consistent with working in a noisy workplace. I went to see my G.P. which I was advised to do. I was then sent to see a specialist who confirmed my hearing difficulties.
For the next 2 years, the only contact I had with HCRU was a twice yearly phone call which I made to them to get a progress report on my case. After 2 years had gone, I was told that the legal 'window' for a solicitor willing to take my case on had elapsed and that my case would not be going any further. Understandably I was very confused by this explanation and more than a little angry.
In 2013, I approached a solicitor who specialised in industrial deafness claims. Unfortunately, it soon became apparent to them through my medical records that I had previously attempted to make a claim. They informed me of their decision that the case would not be taken any further.
It appears that the law won't allow me to make a claim anymore because of the strict time constraints. This has left a very bitter taste seeing as I do suffer with my hearing yet I have never received compensation and as the law exists, it won't be possible to so in the future.
With the information I have supplied, would it be possible to sue the original Company (HCRU) who I feel have badly let me down in the first instance as well as preventing me from making a claim elsewhere?
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 :

In short they took 2 years to say that they could not pursue your claim?

Alex Watts :

What is it you want to achieve please?

Customer:

The law appears to stop me pursuing a claim for industrial deafness because of the strict time constraints. I feel I have been poorly advised and represented by HCRU. As a consequence, I was looking at the possibility of suing the Company as an alternative for not having received compensation as well as the inability to pursue a claim with another solicitor.

Alex Watts :

Yes, potentially they are negligent.

Alex Watts :

If you know how much you would have been awarded then you could issue proceedings yourself.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.


Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What if the Company no longer exists? It was 2006 after all.

Alex Watts :

Sadly then there is nothing you can do.

Alex Watts :

If the company is out of business sadly there is no claim

Customer:

Thank you for your advise. I will check whether the Company still exists immediately.

Alex Watts :

Indeed. Can I clarify anything else for you about this today please?

Customer:

No thank you, ***** ***** it's pretty clear.

Alex Watts :

Can I help with anything else for you today?

Customer:

Before I rate this service could you please answer a couple of questions. Firstly,as I have never had the chance to pursue a claim, I have no idea as to the value of suing a Company for negligence so I couldn't put a value on any possible claim, although I am sure it would be under £10,000.

Customer:

Secondly I don't know how a small claims court works. Would I need legal representation?

Alex Watts :

1) You can put value as unknown but below £10,000

Alex Watts :

2) No - its a small claim so designed for non legal people

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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