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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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I have a case against my professional institution I was a

Customer Question

I have a case against my professional institution for which I was a member since 1979.. apparently my membership was lapsed 10 years ago but I was not aware of this (as a result of switching my bank account to another bank & hence this affected my subscription payments to the institution. Although this is not a big issue with many institutions I know but the CEO of this institution clearly and openly in an email message that he would not not re-admit me for membership at this institution and used vindictive and intimidating behaviours. Although this CEO has now left office and a new one has been appointed who reversed the decision and allowed me to re-apply for admission by submitting a fresh application and clearly indicating that my acceptance will not be automatic . furthermore , the institution requested attested original certificates to be enclosed with my application... In my case to meet these conditions would be an impossibility... I strongly feel that if I to apply they will most certainly reject my application on various grounds. I feel my rights were violated . I have no confidence that my application will be treated impartially ... All what I need a written apology from the previous CEO for his open discrimination and intimidating approach to me... Can you Please help me taking up this case on my behalf
Submitted: 12 months ago.
Category: Law
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a 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 11 months ago.
Hi Nicola
I will wait until you find the right professional person to deal with my case.. my initial research reveals that a human rights practitioner may be the right person to deal with my grievance but I leave it to you to decide.
Thank you
Al
Expert:  Nicola-mod replied 11 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 11 months ago.
Ok thanks
Al
Expert:  F E Smith replied 11 months ago.

I am unable to deal with the matter for you but can give you guidance as to how to deal with it.

I need some more information please.

If you changed banks and didn’t move the standing order or direct debit over, is there a reason why this should not be either your fault or the banks fault?

Have you not noticed in the last 10 years that the subscriptions were not coming out?

Are you alleging that the problem is because the professional institution did not advise you that payments were missed?

Do you pay monthly or annually?

I’m trying to ascertain whose fault it is that the payments did not get paid.

What effect has the lapse of membership had?

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Expert:  F E Smith replied 11 months ago.

I have tried to call but the system will not connect.

I shall keep trying.

Expert:  F E Smith replied 11 months ago.

Engaged. will keep trying

Customer: replied 11 months ago.
Very briefly my responses are as follows, RESPECTIVELY:
1) yes indeed it is my fault
2) No I did not notice my subscriptions were out because I do not check regularly my statements and indeed we are talking about nearly 40 years duration !
3)Yes , The institution failed to even send a reminder of my outstanding subscriptions or even passed this a debt collector.. this could not have happened these days to an outstanding utility bill or TV license..
4) Annually
5) AS I said earlier it is obviously my fault but this is not the issue on this case... My allegation is relating to, OPEN DISCRIMINATION, Vindictiveness & intimidation issues.
6) Lapsed membership lead to the loss of another professional membership (the two are related)
I'm not particularly interested in being re-admitted to my institution as I feel my membership application will not be considered impartially. I have a case against the Institution's CEO who has left his office recently and another CEO was appointed.
NOTE: Lapsed membership is usually automatic with all professional institutions including this institution but because a third party was involved (a whistle blower) this institution decided to treat my case differently and hence the CEO informed me with an email that he would not re-admit me for membership otherwise my membership could have been re-instated within few days and automatically... I even offered to pay all my outstanding subscription payment over the past 10 years but all what i was offered is re-submit afresh application together with my original attested qualifications (more hurdles to enable them to reject my application in due course) and clearly stated to me that such application will not guarantee me membership... So it is a waste of time because they already made up their decision to reject me to please their ex-CEO.
Expert:  F E Smith replied 11 months ago.

It was good to talk.

Best wishes.
FES

Customer: replied 11 months ago.
Hi Mr Smith,
I Just forgot to ask you last night if you would be willing to give me a written advice that the use of letters of membership with my institution would legally be acceptable and indeed factual provided I clearly indicate against each membership the year when I was elected and the year when my membership was lapsed.
Kind Regards
Al
Many thanks
Al
Expert:  F E Smith replied 11 months ago.

I am afraid that I have to keep my professional business and business on here separate. Unfortunately therefore, it’s not something which I would be able to do for you but any high street solicitor would do..

I am happy however to put it on here and if the issue crops up, you can always waive this advice in front of the Institute.

To confirm: if you have been a member of the Institute for a certain number of years, for example, 1999-2015

there would be no problem in my opinion in you putting on your letterhead: Member XYZ institution 1999-2015

Customer: replied 11 months ago.
Hi ***** thanks .. this is sufficient for me .
Best
Al
Expert:  F E Smith replied 11 months ago.

Glad to help

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