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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi I was represented by a legal firm which the director

Resolved Question:

hi I was represented by a legal firm which the director called himself a qualified solicitor and he did the deal without consulting me and kept the money,it is coming to 3 years next month. I have found out that his firm x xxxxx xxxxxxxxxxxxxxxxx Road London has gone bankrupt. I contacted SRA and they say xxxxxx xxxxxx that works at that firm is regulated by them but not the firm. please advice me where to claim help Tahir xxxxxx*********** Ilford Essex

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Tahir my name is ***** ***** I will help you with this.

Alex Watts :

I do not understand what you want to achieve?

Alex Watts :

Was the person representing you qualified?

JACUSTOMER-8xdjl74d- :

he told me he was a qualified solicitor but turned out to be paralegal. my main concern is surely there must be a body that regulates these firms for negligence

JACUSTOMER-8xdjl74d- :

what I want to achieve is to sue the solicitor for my loss of £3000000plus damages for negligence

Alex Watts :

For paralegals, no

Alex Watts :

Only for Solicitors.

Alex Watts :

You need to write and set out your losses and request a refund 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 refund 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 :

Over £10,000 and you will need representation

Alex Watts :

Therefore if you want to claim £3m you will need a Solicitor and Barrister

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-8xdjl74d- :

but he represented as a solicitor and can I not sue the PII for£300,000 not 3 million.surely I must be able to claim

Alex Watts :

Sorry you said £3000000. But in any event the answer is the same

Alex Watts :

Yes you can claim if you were falsely represnted.

Alex Watts :

You need to teach this firm a lesson and sue them and the person to make sure you get your £300,000

Alex Watts :

But you will need representation at trial

Alex Watts :

This is because of Court rules and procedures you will need representation given the value

JACUSTOMER-8xdjl74d- :

Thats what I need but do you think that the company can act without PII? what is my next step and is it 3 years or 6 that I can challenge the claim

Alex Watts :

No they can't - but if they are not a regulated firm then it may not be something the SRA can do

Alex Watts :

It would be 3 years for negligence and 6 years for breach of contract

Alex Watts :

Does that help Tahir?

JACUSTOMER-8xdjl74d- :

for negligence date ends 9th jan 2015 but if SRA can not help who can?

JACUSTOMER-8xdjl74d- :

Alex I need concrete advise to act on and can I get legal aid?

JACUSTOMER-8xdjl74d- :

but a solicitor named xxxxxx xxxxxx regulated by SRA worked at that firm which SRA has said

JACUSTOMER-8xdjl74d- :

then why can I not sue SRA

JACUSTOMER-8xdjl74d- :

Alex still waiting for reply

JACUSTOMER-8xdjl74d- :

Alex please reply

Alex Watts :

You would need to issue proceedings by that date.

Alex Watts :

You wont get legal aid, the rules changed so you need to fund this yourself

Alex Watts :

You can't sue the SRA you can only sue the firm

Alex Watts :

Its not the SRA's fault and even if it was you have no locus

Alex Watts :

You can only sue the firm for your £300k

JACUSTOMER-8xdjl74d- :

but the firm has gone bankrupt thats why I am askig you to advice me whom to sue

Alex Watts :

Ok. You can only become a creditor on the firm or sue the indvidual

Alex Watts :

You can't sue the SRA you have no standing to bring a claim

JACUSTOMER-8xdjl74d- :

so you mean to say I can not go through PII

Alex Watts :

No you can't sue the SRA but you may be able to bring a claim in the PII but that would be for the insurers

JACUSTOMER-8xdjl74d- :

can I anyhow find out if the firm had insuranse

Alex Watts :

The SRA should be able to tell you.

Alex Watts :

You can ask the SRA as they should record it

JACUSTOMER-8xdjl74d- :

but SRA say xxxxxx xxxxxx is regulated by them not the firm

Alex Watts :

They could you potentially bring a claim against the individual

JACUSTOMER-8xdjl74d- :

how much am I looking at in fees to sue anyone

Alex Watts :

A Solicitor would charge around £200 an hour.

Alex Watts :

In reality you are looking at £20,000 in legal fees, but if you win you can ask the Judge for costs

JACUSTOMER-8xdjl74d- :

how do I pay these fees

JACUSTOMER-8xdjl74d- :

or can I pay as the case progresses

Alex Watts :

You would pay a sum on account and a Solicitor can use that to do some work

JACUSTOMER-8xdjl74d- :

ok thanks Alex what is your opinion do I have a winning case or not

Alex Watts :

Its hard to say without seeing all the evidence, but you do have some claim

JACUSTOMER-8xdjl74d- :

there is no way I am backing out £20,000 would be no problem to fight justice

Alex Watts :

Indeed but litigation is never certain

JACUSTOMER-8xdjl74d- :

Alex as you are a barrister can you reccommend anyone in my area and what do you mean by litigation is never certain

Alex Watts :

Sadly I am not permitted to recommend but I can show you a list of public accredited barristers

Alex Watts :

http://www.barcouncil.org.uk/about-the-bar/find-a-barrister/public-access-directory/

Alex Watts :

Litigation is never certain as it depends on the Judge on the day

JACUSTOMER-8xdjl74d- :

well thanks a lot Alex and wish me luck

Alex Watts :

Yes best of luck

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-8xdjl74d- :

please let me know time limit on negligence

Alex Watts :

3 years.

Alex Watts :

Does that help?

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