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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
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You take too long to answer th questions and you are not

Customer Question

you take too long to answer th questions and you are not actually answering th specific questions necessary for action. you are answering in general and without explaining the details like reason or basis for defence: for example you gave an answer that I could defend myself in high court against a costs claim by my first set of solicitors by saying th other side's costs claim is time barred without explaining why, or how they were out of time. I asked for this xplanation 5 times and already and your next answer ignores this etail completely and as such I cannot use it as advice if I cannot word it or tell th judge why I believ they were time barred. then you disappear and no answers all day and th next day you want me to start again even though I was told my original payment of £56 covers my questions for a month. anyway beyond th money issue , you seem to deliberately protract th answering process to build up charges. this way I will never make it and I will run out of time to appeal while I am still awaiting an answer to my question on what basis do I appeal. if for an additional amount you do answer th actual questions wd be fine, but so far I have not been able to understand how th costs claimant is time barred? and how t explain principle of unconscionability to recover costs by other side for nt doing their job???
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
if another barrister is viewing now and reviewing the whole thread to become familiar with th matter before answering just to make sure no mistakes or misunderstanding occurs bec this wd be detrimental to my case. so this is a case in which I had an original injury case in which a first set of solicitors ran my case out if time without doing any work or following any of my pre-agreed instructions. My injury occ on 14 June 2004. th first set of solicitors ran th case out of time in 14 june 2007. a second set of solicitors took on the case on 11 march 2008 and ran th case out if time again on 14 june 2013. the did however file a claim for me belatedly on 10 March 2014 believing that the deadline was th next day 11 March 2014 based on a theory that th time started running from when I retained them on 11 march 2008 instead of 14 june 2007 and thus filed a claim against the first solicitors for damages out of time on 10 March 2014. a hearing was set on 30th Oct 2014 in which a high court stuck my claim out and entered a judgment in favour of the first set of solicitors and a draft order to pay the defendant's costs. recently I suddenly received th claim letter from them that the th high court set a date to hand down th order on 15 March 2016. yet I never received a court notice at all with th same for me to prepare any defence prior. only after receiving their letter I received one notice of hearing for th 15 march 2016 only 7 days befor th hearing date. and thus no time for preparing a defence. I contacted you and was advised to raise two points in my defence: 1- that th claimants were time barred based on that the time ran out when th work was done??? and 2- that it is unconscionable for them to recover costs if they did not do th work they were contracted for. I still lost and an order was entered for me to pay now for two hearings costs, th first when my second set of solicitors wen to hearing on 30 oct 2014 to find we ran out of time, and th cost for this hearing on 15 march 2016 in which I attempted a defence unrepresented. I did tell th judge I was upset that I received notice of hearing only 7 days before and left me unprepared as well as raised th 2points advised by yourselves. Now again you are advising that I appeal the decision entred on th same grounds: that th first solicitors are time barred to claim, But I never got an explanation how and from what date were they time barred; and th matter of unconscinability. so now I need to enquire wat to do next/ whether after I gave these detailed info : if I am stil able to appeal? were they out of time and th judge just ignored me bec of being unrepresented? is th matter of unconscionablity widely nown or applicable despite th judge's ignoring it??? what about th irregularity of court procedure in informing me of a hearing only 7 days before??? is this not a defence? there was some chaos about th judge not receiving th costs schedule from them... but stil he ordered me to pay and also refused permission for me to appeal. he was a master in th high court.so now do I appeal to a high judge in th same high court or straight to th appeal court? I hav only 10 days from th 21 days allowed. I do not kno th form's name or code or if it cld be done also online?? I am now on benefits and cannot pay application fees, so can send proof online or in person better? understandably I cannot afford waiting long to get answers as you can see th whole thing has already moved too quickly, th last hearing with too short a notice to contact counsels and now th same for th appeal. so please if you can give specific action and details how to proceed , starring from reviewing whether I do have appeal grounds? what are they? why so and from what dates? appeal to higher judge in th high court or appeal court if th lower master refused appeal permission? ...
Expert:  Buachaill replied 8 months ago.
1. Dear Nicolas, I appreciate that you are frustrated with the legal system now that you have had two sets of solicitors let you down - and you still haven't received any recovery or damages for your personal injury. However, as I mentioned in my initial answer, you have 3 defences. The first one, the defence of limitation of actions is based on the fact that the solicitors only have six years from the date the work was done within which to look for their costs. Here more than six year elapsed since the date the work was done by the first firm of solicitors and when they sued you. Thi sis the reason for this defence. Secondly, you have a defence of unconscionability available to you. It is straightforward unconscionable - unfair - that you have relied to your detriment upon the solicitors undertaking and representation that they would do the work for you, whilst they did not issue proceedings in time, so you got no benefit from the work done. What work was done was effectively useless to you. Thirdly, you have the defence of lack of consideration available to you. In order that a contract be valid, there must be something of value flowing to each party to the contract. Here, the failure to issue proceedings in time, meant that any work done by the solicitors was of no value to you and thereby worthless. So no fees are properly due.
Expert:  Buachaill replied 8 months ago.
2. Additionally, if the initial hearing was before a High Court Master (which I wasn't aware of) then your appeal is to a High Court judge. However, you must go before the High Court judge and seek leave to appeal as the Master has denied you leave to appeal. So you must do this as a matter of urgency. The case does not go before the Court of Appeal as it would if you were appealing the order of a High Court judge. Instead you must seek leave from the High Court judge.
Customer: replied 8 months ago.
thank you. so you are saying that regardless of my (and my new set of solicitors) suing them only or attempting to sue them via proceedings on 10th march 2014, and such proceeding only proved out of time by a court's decision only on 3oth oct 2014, you are saying regardless of this, they basically had no time to file for costs??? but they had not yet been sued yet until 2014 for them to file before. they cldn t file for costs bec we only incurred costs on them only when we took them to court in 2014 and we lost. so are they not right in filing costs only after we failed for being out of time? you seem to reason that regardless, if we were out of time, so were they too by default. so is it natural for them to be sued and just spend money on defending themselves and not recover th such costs? I always believed that if someone fails to prosecute you then immediately following their failure you can/have the right to sue them for trying it, but not before. but you think I this case they are not entitled to any recovery on th foot of our case being struck out??? but then, on what legal basis did the judge even render a judgment in favour for costs even on th same day he struck out th case on 30th oct 2014??? was he wrong to do this you are saying?? as far as th other 2 defences I do understand them. I will contact the court tues morning and will try my best to file an appeal notice or application if that is what they call it. Il see if it can be done online or need to be go in person and with proof of my benefits to qualify for filing fee waiver. but thank you for convincing me anyway to pursue appeal. it fun regardless and though I was scared initially, I am becoming strong and calm as if I am learning and experiencing something new. if I sound nervous, and angry, forgive me. I ,only, once I take on a task seriously, I just want to do it right on time and not fail. and with the very short notice left it becomes super urgent. for you it might be that you have th exact for already and can fill it out in 10 minutes and already have the address of th court electronically send it all in half a day. but for me all this is new. and being ignorant of procedures is disheartening and intimidating. if you are right even in theory about th points of defence you stipulated and even if they are not much in use in practice and are only in theory books I will respect you even more for being so scholarly and wil despise th judge for being so baronial in taking advantge of my layman's status; a very cheap act on th judge's part instead of ensuring my access to justice. when you said he may not have giving me any mind bec I ws not represented I felt cheap and as if th jugde is class-orientated or in a struggle to help his fellow barrister against me or ultimately defending th interest of insurance companies which is a high possibility. I already feel I cannot trust th system bec many patients speak in forums about th obvious conspiracy or system rigged in favour of insurance companies including th judges. now of course I am not supposed to say these things but my case seems to be heading despite my will in a direction which will eventually cause national scandal about the visibly lethargic legal profession when it come to suing insurance companies. why th judges who pretend to be preside over case claim utter innocence about all th shenanigans of isurers and allow it in court. for example, th first solicitors were represented by their own insurers or someone th isurers appointed. judges see nothing wrong with this or are they part o th system as th forums say??? sorry for straying off th subject matter. but I cldnt help this comment.
Customer: replied 8 months ago.
law shld not allow th isurers to defend themselves at all. they are supposed to be in a business not in law. th solicitors who commit malpractice shld defend themselves with th insurers excluded from th process bec of th obvuious conflict of interest. insurance firms must be excluded from defending themselves by imposing defence on someone else ( an insured solicitor) who knows he did wrong against a client. th insured solicitor might simply wan th insurance to just pay and move on whilst th insurance firm interferes and imposes forced defence just to avoid paying out. there is some real flaw in th law and th jugdes play a big role I this charade knowingly. ok this is my last comment on corruption within th law system, but a last word about th jugde perceives war of class with a victim in his courtroom: he may be a king in his kingdom. or images that class to be sophisticated. but in real life, despite my poor state now, at one time I could kame more money in one week than his monthly or yearly income and I have higher degrees than his and speak 12 languages and I doubt sincerely ***** ***** anything like that or other things in life besides his job which he either is not very well versed in or lavishes in cheating, which is not very classy nor honourable.
Customer: replied 8 months ago.
ok any authorities to cite I support of the time limitation defence? precedent cases you know? any precedents for unconscionability? precedent case to cite on lack of consideration? if I still fail will they succeed in an inforcement order on someone who is considered a vulnerable person with disability? don't th rules for bailiffs preclude their entry into a vulnerable persons home? after th order for costs am I already on a register to lose my remaining credit facilities like credit cards and such? I already sent them a letter saying I will default and apologised for it and explained I had no saving or funds or valuables to collect and that I am vulnerable and on benefits. I also sent a letter with th order to th second set of solicitors asking them to pay it immediately. am dreaming right? they don't want me to sue them at all and again indicated that they wd defend themselves if I issue proceedings. he stupidly said to me ' well , we did do something'. he meant that he did what he believed in by suing according to his calculated time limitation. so he thinks that my case against him wd be mitigated bec he did try to sue as opposed to just doing nothing at all. I suppose by now (another solicitor told me a while back) that the case is no longer an issue of proving my original income losses as in th first case with the first solicitors but as a negligence based now th claim that the second set of solicitors filed in court bec that is (was) what the solicitors believed in and were going for in court, and this will be the base to start from for a new case under th new prospective set of solicitors. So it true in your understanding that th new case will be a good case especially because there is a clear negligence , especially in not following any of my previous instructions to file years prior--to contact the other side with a claim??? and tht the claim filed will though out of time will be the base of my new claim against them bec that is what they were seeking to recover for me ?? and not revisit th original proving of my income or business again as was done in th first case??? your advice is now most appreciated. do you work from London or far away? do you kno someone I can really trust and who doest fear or pre-collude with insurance companies to take my case? sorry for my too much gossip. but now that is mostly everything I feel so that I wd only say short sentences from now on.
Expert:  Nicola-mod replied 8 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 months ago.
sorry to keep inquiring again about th other side claim for costs. its just simply put, they are claiming for th costs for defending themselves about out trying to sue them by our filing on 10 march 2014. after that date they had to prepare defence for the next hearing on 30 Oct 2014. so they are claiming th costs of preparing an defending at that hearing and until now, and not for th costs from their work in 2007. since our filing in March 2014 was determined by court to be out of time in that hearing on 30 Oct 2014 only right there in then they asked for a judgment for costs. and followed suit afterwards now since I did not pay them and the had to go to court again now on th 15v march 2016 to get th order for me to pay. Now I did not attend th strike out hearing in oct 2014 and my second solicitors were there and following th loss, I was told later what happened about th strike out, but I did not see any documents from them and they never mentioned to me about draft order for costs in favour of th other side too. since th main issue was them losing and feeling guilty, they pasted quickly over th conversation and said nothing of th consequences or costs. I was surprised to hear from th high court suddenly only 7 days before th 15 March 2016 hearing to hand down an order for costs which had obviously been granted before without my knowledge or presence at all th next actions in th court. I was not subsequently present to defend myself at all. and with only 7 days to appear at the sudden hearing I was unprepared and unrepresented. So as you can see, my last set of solicitors failed from beg to finish and did not inform me properly about th costs claim they were aware of and kept quiet. they terminated th contract after we talked once that there is nothing they cld do and certainly no appealing th strike out. and that was it.So I was not even properly aware of th draft order and its later follow up until I received a letter from th other side a few days only before th heaing of 15 march 2016 and then a letter from th court 8 days before th hearing. but the main issue for you to understand is that as far as I am aware their costs are for defending against my out of date claim from th time we filed I March 2014 until now. so what do you think, again? I think they are in time unless you see another thechnical reason. and if they are in time, would subsequently th points of lack of consideration, and unconscionability still apply to th 2007 period of work or no longer valid as a consequence then asking for costs after our filing out of time now??? I will appreciate very much your prompt advice early tues morning before I head personally to th high court. it wd be more costly if we got this whole thing wrong on th basis of a wrong period or ation the costs are claimed for.
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 8 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
please don't close. I need desperately some kind of answer by tomoro morning. I don't hav much time and must go to th high court to appeal. so at least I need you to give a glimpse if iam stil able to appeal on th bases or not after reading my full info.
Customer: replied 8 months ago.
hello again, any answers to my urgent questions? with less than 5 working days to act to appeal, I cannot wait and fear I cld be too late even today. I am planning to go in person to th high court today to ask for and fill out an appeal form based on what your solicitor said. However, I fear he did not read well th main issue: which is that my first set of solicitors let my injury case run out of time. a second set of solicitors also took too long to file against the first set therefore filed out of time. after our filing out of time was struck out in a hearing on 30th Oct 2014 the first set of solicitors won a draft order also for costs for defending against our out of time proceedings. your ,Mr Buachaill's advice, was that I hav 3 defence points: that they are time-barred to claim; that there was a 'lack of consideration'; and th principle of 'unconscionability' or unfairness for them to claim costs if they did not do th job. therefore, wilst I do understand clearly the last 2 defences, The main issue of time-barred remains unclear to me and might cancel out the other 2 points too if it turns out to be wrong. th main question is whether th first set of solicitors are in time bec they were only claiming costs for having to defend themselves at a hearing in which we (my second set of solicitors issued proceedings against them out of time( past the six years limitation). at the hearing and when th judge ruled that our proceedings against them were out of time, the judge struck out our claim and entered also an judgement of a draft order for costs. Kno I guess you kno exactly how it happened. Mr Buachaill said they were out of time to claim costs anyway bec of th work they did when they were on my case in 2007. but they were claiming costs only after we issued proccedings on them in 2014. so my question is do you still think they were out of time or you now change your mind with this info? and if so, do th other 2 defence points still stand anyway, and relate to their actual work in 2007 or no longer apply if related to their 2014 defence following our issued proceedings? please try heard for me asap as I am getting ready and awaiting th answer so I can head physically to th high court to do something. if it turns out I have no defence in light of this info gave you, then I will have no reason to go or try anything which my costs all parties even more.
Customer: replied 8 months ago.
hello I really need this info/advice before 10 am tomor
Expert:  Nicola-mod replied 8 months ago.
Hello,
I am sorry. We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
thanks Nicola for trying but really its been 15 days now and we are still grinding to get one issue understood. your colleague did not explain any of my questions about th defence, that is if that defence was truly valid. you page says you will be charging me again from 31/3/16 after tomorrow for th next month when I hav not yet finished th 2 weeks. but beyond th money, sorry to say th service is very bad if you must, like me, be looking for someone to help me, and not already have several someones. so I cannot drag one question 2 weeks to be answered when you advertise that ul answer in 1o minutes. if I don't get my answer by 11am tomoro when I walk out th door, I will cancel my membership. its already overpaid I think and just not right.
Customer: replied 8 months ago.
I am heading to th high court and as you probably kno they do have a free CAB office on th floor to help people. But I thought I wd get a good first opinion from you beforehand. unfortunately you are not what you advertise. if you have only one solicitor who either did not like my question or did not like me for saying th wrong thing or he felt bad to give me th wrong advice about th other side's being out of time claiming costs when/if they were not, its really ok with me, am not angry. we all need to be courageous. But I cannot get cut off in this desperate moment of need when I have only until this Friday to appeal their costs claim if it is feasible?
Customer: replied 8 months ago.
as I said last night, am about to leave my house to th high court and I want you to just take notice that I one minute ago I cancelled my membership with you and asked for a refund based on not getting answers, much less to say whether in time or to late. I have been waiting for one specific answer for 2 weeks and th expert seems so busy on other calls that he gives an answer in form of a short sentence; my further enquiries to explain further went unanswered and ignored which is th same is not giving an answer. also when someone is desperately squeezed for time and had a deadline, it wd be in future more humane of you to sympathise and accommodate th request in time to be helpful otherwise, like in my case, you wasted my time in wait for you delayed and non-coming answers until they became redundant and invalid.so please my sure to cancel MY MEMBERSHIP and refund MY MONEY and DO not charge ME (DO NOT DEBIT MY CARD) again tomor for th next month as if ,again, you treat this message AS THOUGH IT WAS NOT SEEN OR READ.
Customer: replied 8 months ago.
thank you for cancelling my membership, but if it wS STIL VALID untl 31st it wd hav been nicer to receiv th answers to th questions I asked above in more assured way and then maybe I could return to your services in a few days??? I was despaired tday after I called CAB in th high court and they cannot even see me until th 8th which is after th 21 days period allowed to appeal. at least if you had (you can stil do) answered my questions I cld stil go in person an do th appeal without waiting for CAB and see what happens. but I needed these answers today in th morning and I went to court for nothing and did not dare fill th appeal form fearing you advice was wrong bec you did not get back to me???
Customer: replied 8 months ago.
besides the possible grounds discussed above, if they still apply after my explanation that the other side is caliming costs after we files proceedings out of time, they claimed for costs resulting from our out of time lawsuit and not for work done prior on my case 8 years ago. they only claimed th costs of defending against us. Also can I also not appeal on th basis the court did not inform me of of th hearing in march 15, 2016 to get ready ??? for error in procedures??? or once th order wad granted before in draft on th same day th court decided we were out of time to sue them, and that a judgment of costs was entered, wd that mean the court don't have to inform me at the next procedure??? or did th court do wrong in procedures only informing me 8 days before ordering payment without earlier inviting to a prior hearing in which they granted th order???
Expert:  Nicola-mod replied 8 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused. I am very sorry but at this point I have to say I don't think I will be able to find someone to help you.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 8 months ago.
thank you for your candidness. ok do that then and if I need any more help in future il consider you again.

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