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
Hello Tahir my name is ***** ***** I will help you with this.
I do not understand what you want to achieve?
Was the person representing you qualified?
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
what I want to achieve is to sue the solicitor for my loss of £3000000plus damages for negligence
For paralegals, no
Only for Solicitors.
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.[
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.
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.
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.
Over £10,000 and you will need representation
Therefore if you want to claim £3m you will need a Solicitor and Barrister
Can I clarify anything for you about this today please?
Sorry you said £3000000. But in any event the answer is the same
Yes you can claim if you were falsely represnted.
You need to teach this firm a lesson and sue them and the person to make sure you get your £300,000
But you will need representation at trial
This is because of Court rules and procedures you will need representation given the value
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
No they can't - but if they are not a regulated firm then it may not be something the SRA can do
It would be 3 years for negligence and 6 years for breach of contract
Does that help Tahir?
for negligence date ends 9th jan 2015 but if SRA can not help who can?
Alex I need concrete advise to act on and can I get legal aid?
but a solicitor named xxxxxx xxxxxx regulated by SRA worked at that firm which SRA has said
then why can I not sue SRA
Alex still waiting for reply
Alex please reply
You would need to issue proceedings by that date.
You wont get legal aid, the rules changed so you need to fund this yourself
You can't sue the SRA you can only sue the firm
Its not the SRA's fault and even if it was you have no locus
You can only sue the firm for your £300k
but the firm has gone bankrupt thats why I am askig you to advice me whom to sue
Ok. You can only become a creditor on the firm or sue the indvidual
You can't sue the SRA you have no standing to bring a claim
so you mean to say I can not go through PII
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
can I anyhow find out if the firm had insuranse
The SRA should be able to tell you.
You can ask the SRA as they should record it
but SRA say xxxxxx xxxxxx is regulated by them not the firm
They could you potentially bring a claim against the individual
how much am I looking at in fees to sue anyone
A Solicitor would charge around £200 an hour.
In reality you are looking at £20,000 in legal fees, but if you win you can ask the Judge for costs
how do I pay these fees
or can I pay as the case progresses
You would pay a sum on account and a Solicitor can use that to do some work
ok thanks Alex what is your opinion do I have a winning case or not
Its hard to say without seeing all the evidence, but you do have some claim
there is no way I am backing out £20,000 would be no problem to fight justice
Indeed but litigation is never certain
Alex as you are a barrister can you reccommend anyone in my area and what do you mean by litigation is never certain
Sadly I am not permitted to recommend but I can show you a list of public accredited barristers
Litigation is never certain as it depends on the Judge on the day
well thanks a lot Alex and wish me luck
Yes best of luck
Can I clarify anything else for you?
please let me know time limit on negligence
Does that help?