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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
Satisfied Customers: 756
Experience:  Lawyer
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I broke my finger at work last year in September 2018 and I

Customer Question

I broke my finger at work last year in September 2018 and I have not been working due to the injury. I had no income since then apart from the little I get from Universal credit. My creditors are now attaching my property.
JA: Where is this? And when did the issue begin?
Customer: Cygnet Hospital, Kewstoke, United kingdom on the 14th September 2018.
JA: Has anything been filed? If so, what?
Customer: Yes, by Irwin Mitchell solicitors
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not have any other source of income and I do not know the outcome of my case although the employer accepted liability.
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

Sorry. I responded to your question in error. I will opt out so that another expert can assist you

Expert:  JimLawyer replied 2 months ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

If liability has been accepted can your solicitors not ask the other side for an interim payment? That would mean you obtain money before the case finishes.

If the creditors are applying for a charging order, you can oppose it - what have your solicitors said about this?

Customer: replied 2 months ago.
They said there was nothing they could do before they receive a report from the experts which I queried.
Customer: replied 2 months ago.
I do not have money at the moment and I am struggling to pay for everything.
Expert:  JimLawyer replied 2 months ago.

OK, the report will confirm the diagnosis and prognosis (time you will have symptoms for) and whether the time off work is justifiable, etc. Normally you can ask for an interim payment if it represents a proportion of the overall likely amount of damages. There's nothing to stop them asking the insurers - I would make this request.

In terms of the charging order there will be a hearing - the court will not allow a charging order if you can show you have money coming in at some point so you could present the medical report to them and the admission of liability - to demonstrate that you have an ongoing injury claim. That should at the least suspend any application for a charging order. If you want to go to the hearing yourself then fine but if you want an advocate then you can ask LPC Law or Clerksroom to send one - it would cost around £300 or thereabouts to oppose the charging order application.

Let me know if I can answer anything else.

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 2 months ago.
I don't have money please do not attempt to take money from my account.
Expert:  JimLawyer replied 2 months ago.

No problem, I have answered the question online so no call is needed.

Expert:  JimLawyer replied 2 months ago.

I hope I have answered the question for you. If so could you kindly rate the answer (5 stars at the top of your screen). It won’t cost extra to give the rating and I will be credited for helping you.

Many thanks,

Jim

Customer: replied 2 months ago.
I am waiting for your call
Customer: replied 2 months ago.
You are not responding, why. You asked for £44
Expert:  JimLawyer replied 2 months ago.

I can't take a call I am afraid - so will opt out of this question to let another expert assist you going forwards.

Customer: replied 2 months ago.
What was the £44 you took from my account for.
Expert:  Joy Nicholas replied 2 months ago.
Hi, can I confirm, do you still need help with this matter? I do not take phone calls but if you want me to answer your question here I can do so. You can contact customer services to cancel the call if you want me to answer here.
Customer: replied 2 months ago.
To who do I complain if Irwin Mitchell solicitors do not do as expected.
Expert:  Joy Nicholas replied 2 months ago.

Hi, thank you for your message. You will need to complain using the solicitors internal complaint procedure first. Than you can complain to the Legal Ombudsman by: calling them on 0300(###) ###-####or emailing them at***@******.***.uk. Did you have any other questions regarding this matter?