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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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How a Solicitor(s), can prove the letter was issued to his

Customer Question

hi How a Solicitor(s), can prove the letter was issued to his customer if this no was posted by record delivery ?
the solicitor(s) are obligated to create a record of the letters posted to : customer,(s) claimant, Defendant, etc if the letters is not posted by record delivery?
if a customer received from his solicitor(s) example : on 7 March 2012 one envelope with 3 letters inside each of them with different date of issue 16 January 2012; 22 February and 7 March 2012 how can prove a customer he came on the possession of this 3 letters on 7 of March and not on the date 16 January 2012, 22 February 2012 , 7 March 2012 issue of each letter and the letter not was issued by recorded delivery how a customer can questioned his solicitor(s) to found the true?
if a solicitor(s) not have any record of the letters was delivered ,sent ,posted how they make sure there's correspondence came to the right person ,right address ,right time and especially since it may contain confidential information sensitive and interest
SRA Principles
These are mandatory Principles which apply to all.
You must:
1.uphold the rule of law and the proper administration of justice;
2.act with integrity;
3.not allow your independence to be compromised;
4.act in the best interests of each client;
5.provide a proper standard of service to your clients;
6.behave in a way that maintains the trust the public places in you and in the provision of legal services;
7.comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner;
8.run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles;
9.run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and
10.protect client money and assets
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Are you suggesting that all solicitor letters should be sent recorded delivery please?
Alex Watts : Is the fact a copy is kept not enough to show it was sent?
Alex Watts : Or are you saying that a copy does not show it was sent and that a solicitor could be lying about it?
JACUSTOMER-zfn0vd74- :

Dear Alex Thank you to reply me today However, after examining the information that you had referred me to, I felt that I should clarify for the following: the 3 letters arrive together on the same envelope 7/March 2012 two of them with different date of issue 16/01/2012 ,22/02/2012 and the solicitors lying about it the two letters was been posted on 16/01/2012, and 22/02/2012 How a Solicitor(s), can prove the letter was issued to his customer, if this no was posted by record delivery ? the solicitor(s) are obligated to create a record of the letters posted to : customer,(s) claimant, Defendant, etc if the letters is not posted by record delivery? if a customer received from his solicitor(s) example : on 7 March 2012 one envelope with 3 letters inside each of them with different date of issue 16 January 2012; 22 February and 7 March 2012 how can prove a customer he came on the possession of this 3 letters on 7 of March and not on the date 16 January 2012, 22 February 2012 , 7 March 2012 issue of each letter and the letter not was issued by recorded delivery how a customer can questioned his solicitor(s) to found the true? if a solicitor(s) not have any record of the letters was delivered ,sent ,posted how they make sure there's correspondence came to the right person ,right address ,right time and especially since it may contain confidential

Alex Watts : The solicitor is not required to send everything recorded. Neither are they required to keep a copy of when they were posted. There may be a date on the file of when they were but it's not a requirement.
Alex Watts : Its simply a matter of evidence. They say they were posted on x date, you say they were posted on another date.
Alex Watts : If the matter went to court then you would give evidence to a judge and they would make a finding on who they believe
JACUSTOMER-zfn0vd74- :

please you can respond to me questions Thank you

Alex Watts : But solicitors are not required to send everything recorded or keep a detailed note of when something was sent.
Alex Watts : Can you see my response above?
Alex Watts : you simply give evidence and how you received the letters and when.
Alex Watts : It would be impracticable and very expensive to send every letter recorded, which is why the courts do not expect that to be the case.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-zfn0vd74- :

1.I am very sorry but your response is not satisfactory what evidence I would give to a court considering that this not was send record delivery

JACUSTOMER-zfn0vd74- :

you mentioned : Neither are they required to keep a copy of when they were posted. There may be a date on the file of when they were but it's not a requirement.

this is unlawful/breach of fundamental rights in accordance with Article 6 of the European Convention on Human Rights the Everyone charged with a criminal offence has the following minimum
rights:
(a) to be informed promptly, in a language which he understands and in
detail, of the nature and cause of the accusation against him;

Alex Watts : Yes that is right.
Alex Watts : However human rights do NOT apply to private firms
Alex Watts : They only apply to government or public authorities.
Alex Watts : therefore you sadly can't say that the Solicitor has breached your human rights because they can't be enforced against private firms.
Alex Watts : The evidence you would give the court would be oral evidence.
Alex Watts : You would simply repeat what you have said here, you had 3 letters with different dates sent in one envelope.
Alex Watts : However you may complain to the regulator. They can investigate the matter for you and offer a free independent service at www.srs,org.uk
Alex Watts : They can ask for the file and see if there are any notes saying when letters were sent out.
Alex Watts : You can also complain to the legal ombudsman who can investigate. But they won't prosecure and make only Recommendations. Their website is http://www.legalombudsman.org.uk
Alex Watts : These two avenues would appear to be the best course to take.
Alex Watts : i am sorry if this is not necessarily the answer you want and nor the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-zfn0vd74- :

why is not apply to the firm ? everyone must be treated equally under the law regardless of their race, gender, national origin, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias.

Equality before the law is one of the basic principles of liberalism

JACUSTOMER-zfn0vd74- :

All are equal before the law.

Alex Watts : It does not apply to the firm because the human rights act only applies to government and public bodies.
Alex Watts : It simply does not and can not apply to private firms, the law does not allow that.
Alex Watts : Yes everyone must be treated equally and the equality act 2010 is different. If you were discriminated against because of sex, race, colour, religion, disability, age, nationality that may be different.
Alex Watts : But the fact the letters were not sent recorded delivery by a private firm does not breach human rights.
Alex Watts : If it was a government department or the council, then you do have human rights, but not against a private firm.
Alex Watts : You can go through the SRA and Ombudsman and this would appear to be your best optim.
Alex Watts : @ option @
Alex Watts : Does that clarify?
JACUSTOMER-zfn0vd74- :

The king must not be under man but under God and under the law

Alex Watts : I agree.
Alex Watts : But the law does not permit human rights claims against private firms
Alex Watts : Sadly only the government can change that
JACUSTOMER-zfn0vd74- :

with all my respect who /what is the firm and who/what is the king ? if the king can be subject to the law

Alex Watts : Sadly I can only tell you what the legal position is. I can't change the law.
Alex Watts : The King is not subject to the law in the UK.
Alex Watts : We are subjects, not citizens
Alex Watts : As I said I am sorry it's not the answer you want but I have to be honest.
Alex Watts : Can I clarify a thing else about this for you?
JACUSTOMER-zfn0vd74- :

I am very sorry dear alex but I not happy with you response

JACUSTOMER-zfn0vd74- :


  1. On the 19 June 1215 at Runnymede King John signed the Magna Carta. (This means Great Charter.) It was the first formal document stating that a King had to follow the laws of the land and it guaranteed the rights of individuals against the wishes of the King.


Alex Watts : What else do you want to know?
Alex Watts : i can only tell you what the law is, not what it should be
JACUSTOMER-zfn0vd74- :

what is the definition of law in your opinion

JACUSTOMER-zfn0vd74- :

what is the definition of justice in your opinion

Alex Watts : The law is that private firms are not subject to the human rights act.
Alex Watts : Should they be - yes
Alex Watts : But they are not. Only the government can change this.
Alex Watts : i can only tell you what the law is.
JACUSTOMER-zfn0vd74- :

this is not a response

Alex Watts : Do I agree with the law as it stands - no
Alex Watts : My definition of justice is justice is ffairness, justness, fair play, fair-mindedness, equity, equitableness, even-handedness, egalitarianism, impartiality, impartialness, lack of bias, objectivity, neutrality, disinterestedness, lack of prejudice, open-mindedness, non-partisanship
JACUSTOMER-zfn0vd74- :

Dear Alex I want to terminate the conversation because I don't want to put you in any inconvenient situation Thank you very much and God bless you

Alex Watts : Thank you. If I could ask you to rate my service before you go. If you need more help please click reply
Alex Watts : I wish you luck and success
Alex Watts :

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


If the system won’t let you please click reply.



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