Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long ago did you instruct him?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Thanks for your patience. As we are a Q&A site it would not be possible to examine your whole case and give you formal prospects of success. For that you need to a see a solicitor in person. I can discuss your general legal position which is going to revolve around potential negligence by the planner. To have a case you wold need to be able to show that they had acted negligently, i.e. below the standard expected of a reasonable planner in their position, with all the information they had. Similarly, you would have to consider would a similarly competent planner considered taking more details from you and advising you better in the circumstances. You may have to approach a couple of other independent planners to ask for their opinion on what they would have done in this case and what would generally have been expected of a planner in this position. If you can identify such potential negligence then you can take steps to try and pursue some compensation from the planner. You may not necessarily be able to get the full amount back but a proportion would be reasonable, dependent on the level of negligence and what they could have done better.
This is your basic legal position. I have more detailed advice for you in terms of the which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.