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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A personal injury claim against a UK Devon Harbour Master

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A personal injury claim against a UK Devon Harbour Master for a dangerous slipway. My Legal Expense Insurance company appointed a law firm who have not handled the case properly, lost documents, not informed, mistakes on Claim Notification Form, did not inform us that the other party had denied liability for 6 weeks etc. We complained in writing however they agreed poor service and apologised last October and promised to keep on top of case which we now know they have not. Never received a final letter from Law Firm after that official complaint. The other party County Council's Solicitor supplied as evidence the Harbour Master Log for day we reported accident. The entry is fabricated to look like we said we were responsible for accident, the entry looks to be added at a later date, not in chronological order at 16.30pm and not at 09.13am when we actually called - we have the Orange Mobile record as proof. Duration of our call was 2 minutes 25 seconds and their entry if true would take a lot longer. After 8 months Solicitor now says we only have a 50/50 chance if it went to court. Think they want to get rid of because we have complained twice also to our Insurance Company for appointing them. We think there may be a crime committed with this bogus log entry Solicitor says if we report to Police would be a criminal matter and they cannot get involved. Question is have our Solicitors and Insurance Company acted badly, what can we do, someone has fabricated the log entry, should we complain to Police, Council or the Council Solicitor who refused our claim on the basis of the Official Log Sheet? I did contact Serious Fraud Office they sent a written reply to contact the Local Police in Devon.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is the basis of your complaint to the Police just the entry in the accident book please?
Customer: replied 2 years ago.

It was not an accident book it is the daily Log Sheet (log Book) which I understand is like a ships official log book with entries in date and time order a legal record of sequence of events once entered cannot be altered or added to. With UK Security high as it is and the Harbour Master part of our coastal defence we feel if he can do this to us what else can he cover up.. There is something else.. My wife tripped up because a metal plate protruded through the slipway as she got on a ferry boat and brought her down which the Harbour Master is meant to maintain. Caused a broken wrist and other injuries. I have photos of a dozen damaged metal plates taken 24 hours later and shows any one could cause an accident. The Council Solicitor went with the Harbour Master a few weeks later to examine and Solicitors says none of the plates were damaged or protruding - obviously someone had repaired them with a big hammer. Hope that helps

Expert:  Ash replied 2 years ago.
They are acting on a no win no fee basis I assume? What % do you think the case has?
Customer: replied 2 years ago.

No I have Legal Expense Insurance with our House Hold insurance for £100K they appointed this Law Firm who charge £270 an hour which is part of same group of companies. The Law Firm never reviewed the case initially with us or discussed photos just sent the CN Form which was very poor. . Now we have complained again to them they have now given advice today which rubbishes everything we have said and they now say we have only a 50/50 chance of winning. It has taken 8 months to get this advice and looks like they want rid of us for complaining.

Expert:  Ash replied 2 years ago.
Is that advice from Counsel or their view?
Customer: replied 2 years ago.

We were appointed a file handler a Solicitor that is who is giving advice

Expert:  Ash replied 2 years ago.
Ok. What is it you want to ask me?
Alex
Customer: replied 2 years ago.

Question is have our Solicitors and Insurance Company acted badly, what can we do with them. I understand the Ombudsman system but that wont win the case - Our appointed Solicitor who has made all the mistakes and given poor service seems to have given up on us by saying we only have 50/50 chance and that probably means our insurance will probably not fund any more. I think they have done a really poor job.

Someone has fabricated the log entry, we are quite confident to complain to Police, Council or the Council Solicitor who refused our claim on the basis of the Official Log Sheet? I did contact Serious Fraud Office they sent a written reply to contact the Local Police in Devon. What do you think?


Expert:  Ash replied 2 years ago.
Badly does not necessarily meant negligent. But if you have cause to complain then you can go to the Ombudsman.
However the defects wont have necessarily affected the outcome of your case. As for this document you suspect there would be disclosure in any event. If there was any doubt as to the document it would be dealt with at trial. So it makes no difference really when the document was produced it would have been dealt with at trial.
Your Barrister will raise these issues at trial. So you do not need to worry about that. But the Police wont investigate. This is because as yet there has been no finding by a Judge that they have been dishonest. To be fair one party always lies in Court, otherwise there would be no need to go to Court. Just no need.
The Council's Solicitor may investigate but if they are just acting on instructions they won't necessarily go into the detail. They may just ask how it was created but they would not go further than that.
But the document issues would be dealt with at trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks for your answer. I am still not sure about the bogus log entry. It does not look like our Solicitor is going to take the case further without more evidence so it will not get to court.

Surely as a member of the public who thinks a crime has been committed I should inform the Police and it is up to them to decide not me. If I report what I suspect is a crime to the Police surely they would investigate?

Expert:  Ash replied 2 years ago.
You can report it to the Police but as yet there has been no finding. There is also no duty on the Police to investigate it. You can't force them
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.