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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I think I need to contact an ombudsman regarding my problem

Resolved Question:

I think I need to contact an ombudsman regarding my problem with the RCN (royal college of nursing). But do not know how to go about it. As a qualified nurse I was a fully paid up member of the RCN. Two years ago I was sued by a client for negligence (not proven,but because of the no win no fee scenario I have now to settle out of court) a total travesty but cannot afford to go to court 'just in case' I lose.
However I contacted the RCN to bring in to action my indemnity insurance to be told that due to a small print section of the scheme I was not covered. Basically it says that if I am employed or engaged or associated with another medical professional who was not a member of the RCN even if not involved with my client I was not covered.
This statement is true,but. I contacted the RCN April 2003 to ask if I was covered for my aesthetic practice and they sent me a letter, stating.
They were pleased to inform me that I was covered by the RCN as long as I completed training etc and that every year that I renewed my member ship I would continue to be covered. The letter does say that details of the scheme can be found on a publication of theirs. However it does not say I need to look at this or should look at this.
The letter says to feel welcome to show the letter to clients who seek reassurance of my indemnity status.
Therefor I believe that the letter gives reassurance about my indemnity cover and does not suggest I go on line to see if there any exclusions.
Therefore I feel I need to speak to an ombudsman because I feel the RCN ADVICE was grey.i am about to lose a small fortune in legal fees. Please advise
The last parafpgraph invites me to show this letter to all clients to reassure them that I was covered.
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 :

Do you still have the letter from 2003 please?

Alex Watts :

Do the RCN now deny that they sent you this?

Customer: I certainly do have the original letter. And no they have not denied the letter
Alex Watts :

How much did you settle your claim for, or have you not settled yet?

Customer: Not settled yet,but looks like £10.000 for the client and about £60-£70,000 in legal fees.
Customer: I instructed my solicitor to settle two days ago,so waiting to hear.
Alex Watts :

Ok - has the Solicitor given you advice on prospects in the matter?

Customer: Originally two years ago my solicitor sent a letter to the RCN who advised that they would not cover me due to the rules. I am not sure how much emphasis she put on my letter. However when I spoke to the RCN they would not shift.mdidnt really care. My more senior solicitor who came on board after contacting the RCN has not chased I
Customer: it up further and suggested maybe an ombudsman would be a possibility. I could not afford for my solicitor to take on the RCN
Alex Watts :

Why did your Solicitor not make an application to bring RCN into proceedings?

Customer: Sorry I don't understand. If the RCN said they would not cover me then what could my solicitor do if I could not afford to fight the RCN.
Alex Watts :

Yes but if you thought RCN did cover you, your Solicitor could have applied to add RCN to the proceedings so the Judge could decide if RCN were liable or you

Customer: But that meant that it was supposed i would eventually go to court wouldn't it. It has been made perfectly clear to me that as there was even a minuscule chance of losing in court then financially I would be ruined if I went to court. The other side had a no win no fee so had nothing to lose. They originally demanded £30.000 in damages from me and after extensive investigations on my clients social media I. Could prove most of her evidence as lies they have brought their demands down to £10.000. I originally offered £5.000 part 36 offer for them to go away,which they did not accept,which is still on the table,but we know they are too far down the road financially to accept that. So therefor I presume you are saying that I woul have to wait until going to court to find out if the judge felt the RCN SHOULD COVER ME. TOO RISKY
Customer: Does this mean the advice has finished
Alex Watts :

Ok, let me give this some thought

Alex Watts :

Ok - you need to raise a complaint with the Financial Ombudsman. They consider all matters relating to insurance related products and can investigate your complaint for free. Their website is: www.financial-ombudsman.org.uk

Alex Watts :

Your only other option is to issue proceedings against them for breach of contract

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. Over £10,000 you will need to be represented.

Alex Watts :

But try the Ombudsman first.

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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