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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband who in April 2015 will be 80 years old won 5 trials

Resolved Question:

My husband who in April 2015 will be 80 years old won 5 trials in the court and the claimant is making appeals. This is 12 years now. With this case we lost our house and all our economies. My husband owes a lot of
money and he is still working as his pension was one penny a week. It has been increased to 3 pennies a week I think. The case is about a building that my husband has 69% and the partner 31%. The claimant lost all the trials.
The last solicitor who knew my husband's financial position, he was always paid by instalments, asked £9,000.- to be paid before the hearing. My husband could only borrow £3,000.- and asked him to pay by instalments. He refused. This was one week before the hearing. So the solicitor abandoned the case and my husband was without a solicitor on the final decision. The claimant now appealed again. Is there a way to stop these appeals?
Now the solicitor appointed another solicitor and the new solicitor is asking another £10,000.- costs.
We are really living a very worried and miserable life.
Any help and advice?
Thanking you for your time,
(Mrs) M Pelagias
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 : For now please let me know whether the cliamant has been given permission to appeal?
Customer:

Yes the claimant has been given permission to appeal and the hearing is on the 10th Dec 2015.

Customer:

Regarding our solicitor, Mr. Beckett, who appointed another solicitor to collect his £9,000.- to-day was the hearing. My husband asked the judge to compensate him as Mr. Beckett did not attend the trial and was always in the favour of the other party and was taking decisions without my husband's consent. My husband was without a solicitor. He lost the case and he was told by the judge he has to pay the £9,000.- plus the other solicitor's fees of £8,000.- The 2nd solicitor sent to my husband the same file 5x. First file by post, 2nd same file Registered, and another 3 files the same ones by post. Any advice on this matter? Any steps to take?

Alex Watts :

So are you saying your own Solicitor has been negligent? Was the Solicitor paid to attend?

Customer:

Yes during the whole time he was with my husband he was acting without consulting my husband many times. He was acting more in favour of the claimant. In one instance he told my husband if you do not sell the building to claimant's customer (he is an agent) you will lose the case. Another

Customer:

Another time he forced my husband to type spread-sheets of 12 years although the accounts were given to claimant's solicitor more than 4 times. It was in his knowledge that the claimant had already with-held 2 written cash books in 2004(?) and claimant was after the remaining cash-books. Although he was aware of this he told my husband if you do not give them you will loose the case. So my husband was forced to give them. Now Mr. Beckett says he did not know it was the hand-written copies that my husband gave them. And they say they are lost. As claimant's solicitor changed office. But he said that they were lost when he was still in that office. My husband handed them over to claimant's Accountant for which he has a Receipt as he was the one who lost the 2 first cash books. He said that the claimant took them. Also he did not attend the trial for which he wanted £9,000.- as he refused the £3,000.- my husband offerred him and the balance to be paid in instalments as usual.They are my husband's proofs. To-day it was the trial and my husband lost the case. He has to pay £9,000.- to Mr. Beckett plus £8,000.- for Mr. Beckett's solicitor. But as the others were doing appeals my husband said he will appeal. The judge said no appeal. But the others were suceeding appeals.

Customer:

P.S. I made a mistake in the first para. If you do not sell the bdg to claimant's client should read "the case will never finish" and not you will lose the case.

Customer:

I forgot to say the judge said if you were not happy you should not keep him (Mr. Beckett).

Alex Watts : Ok, when did all this happen? When was the last appeal turned down?
Customer:

Dear Mr. Alex,

For Mr. Beckett's Appeal was to-day refused.


Customer:

Dear Mr. Alex,

Customer:

Thank you for your replies.

Alex Watts :

OK, your Solicitor may be potentially negligent if you have paid for representation and they have not turn up.

Alex Watts :

Clearly you cant stop the other side lodging an appeal and it is a matter for the Judge at that point.

Alex Watts :

But if your Solicitor has failed to show up they may be negloiegent.

Alex Watts :

You should write to the Managing Parter and set out your complaint. They have a duty to investigate.

Alex Watts :

If they report back and it is not acceptable then you can complain to either the Legal Ombudsman at: http://www.legalombudsman.org.uk/ or the Regulator at: www.sra.org.uk

Alex Watts :

Both of these will investigate the matter and offer a free, independent service. If they are found at fault they can recommend a financial award to you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

But all the Judges and Masters had stopped the claimant to appeal but he still appeals and always is successfull. The last time he took us to the Lords who sent us to the last Master Teverson. The Lords said Master Teverson will decide. Master stopped him to appeal. Claimant lost and appealed again. The last 0rder made by the Rt Hon Lady Justice Gloster dated 23rd May 2014 and stamped on the 2nd Jun 2014 on the right top of the 0rder saying Permission to appeal granted and the Court case is on the 10th December 2014.

Alex Watts :

Sadly you can't stop the Claimant seeking permission to refuse.

Alex Watts :

There are several ways they can do this:

Alex Watts :

1) At the hearing

Alex Watts :

2) After the hearing on the papers

Alex Watts :

3) After the hearing by asking for oral permission

Alex Watts :

But permission is only given if there is some merit in the appeal.

Alex Watts :

Does that clarify?

Customer:

Their excuse was they did not have enough time to make the accounts. It is 12 years now and every time we were changing Master or Judge we had to make copies of the accounts. How many years more they need to make the accounts?

Alex Watts :

Indeed. The Solicitor has been very shoddy and I think you may have a negligence claim

Alex Watts :

Does that help?

Customer:

Dear Alex, This is to let you know that our solicitor who never represented my husband to the court did not give to my husband the list of his claims. Some time ago he gave a short list to us. The day of the hearing my husband noticed in his hand this 3-page list. My husband asked him what it was. He said the claims list. My husband got the list but did not have time to reply so he with-hold the list. Now he has found that he was charged twice the amount for which he took us to the court. We replied to him and will post it to-morrow with copy to the court. If this is in our favour, which I am sure will be, what action can we take? Once again thank you for your help.

Alex Watts :

Indeed. I think the Solicitor is negligent.

Alex Watts :

You should take the action I have suggest as above which is complain to the Managing Partner, then complain to the Legal Ombudsman and the Solicitors Regulatory Authority

Alex Watts :

Does that help?

Customer:

Yes, thank you very much. Alex you are very efficient. Are you based in London?

Customer:

He is a partner in the office he is working.

Customer:

Dear Alex, I have another query. Does the appeal of the claimant cancels the decision of the last Master?

Alex Watts :

No, I am not in London.

Alex Watts :

The appeal decision does cancel the previous decision ONLY if the appeal is successful

Alex Watts :

Does that help?

Customer:

Also how the Master did not allow me to sell the building (I owe the 69%) but he allowed the claimant in the previous hearing to sell it? Is there a law that says that the main holder cannot sell? Also I was charging commission for renting. running the building i.e. making the contracts, receiving people, writing letters to Electricity, Gas, Water, Council and arranging for the repairs and paying the rent and whatever the building needed. The claimant did not do anything. But the Master dropped it. Is there a law saying that the partner cannot be paid for running the building? Once again thank you.

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