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Plump up the cushions - "No win, no fee' bastards

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    Plump up the cushions - "No win, no fee' bastards

    Before I start this long screed, let me first apologise to any upstanding OTFers who are honest diligent and selfless members of the "No Win, No Fee" solicitors' sector - I am just referring to the bastards and a particular lot of bastards. Secondly, let me just say that this really is all my fault - for being a shit driver and for not trusting my instincts as far as "no win, no fee" solicitors are concerned.

    It started in January 2016 when I was on my way to work and negotiating the junction onto the M4. There are two lanes, the most left one a dedicated left turn only and the other going either left or straight on*. I was in the left/straight-on lane, indicated left to go onto the motorway and was hit on my left hand side by a car going straight on. I was furiously sure that he had come across my lane into me, we swapped details and I drove onto work. I filled in the insurance form explaining the incident as I have just done also that I had hit my head in the course of the accident but there was no long-term injury.

    In April, I was contacted unsolicited by some "No Win, No Fee" solicitors giving it the "We understand you have been in an accident that wasn't your fault". Now, against my better judgement, I listened to them and signed up. They took the details which were pretty much as I said upthread. They sent the documentation to sign which I duly did - probably with the merest of perusal - and waited for their next communication.

    *Later that year, I got communication from my insurance company that the other driver had had a camera on my dash and I had gone across their lane. "No, I didn't", I said, "They were in a dedicated left turn lane and i was turning left onto the motorway as well." "No", came back the reply, "They were in a straight on/turn left lane", and, apparently, I was in a straight on only lane. I then drove up to the junction and, although badly signed (it is only on the road), this was true. The other driver, of course, were perfectly within their rights to go straight on and I shouldn't have have been turning left. I admitted responsibility and there goes my no claims bonus I realised.

    That was it until July last year - over two years later - when I received a letter from the solicitors saying that my Conditional Fee Agreement was cancelled - because I had "deliberately misled" them - and that they were claiming £2190 (with 25% off if I paid in 14 days, of course) in expenses, costs, disbursements etc. In the accompanying paperwork was my signature on their agreement and a detailed bill oddly saying that I was the passenger and saying that I attended a medical examination (which I have to say I can't remember attending but it was over two years before - or maybe the bang on my head affected me more than I thought). It also said that I "was updated as to the appropriate hourly rate and VAT rate as the matter progressed" which, considering this was the first communication I had received from them in over two years, was a bit rich. I emailed them straight back and asked them for evidence that I had deliberately misled them. As far as I was concerned, I had made an honest mistake in misreading the lanes. Stupid yes but, at no point, did I deliberately mislead them. I also queried the contention that they had updated me as the matter progressed. I didn't hear from them again and forgot about until....

    This Saturday, fully 15 months later, I got a letter from a legal recovery debt collection company saying that they were acting for the original solicitors (in administration) which had almost exactly the same wording as the previous letter (including the same offer of 25% off for payment for 14 days). I sent an email referring to the previous email I had sent to the solicitors saying that I was still waiting for any evidence. I got an email the next day saying that there was CCTV footage showing clearly that I was responsible for the accident and that I had informed them that I said the other party was responsible. I answered this saying that I accepted responsibility once I realise the mistake I had made when the insurance company told me but that this was well after the solicitors had approached me.


    They also said that, as I had been the driver, they didn't believe that I had had an injury and that I had a credibility issue. They also said - and this is what infuriated me so I shall quote it fully - "please note that embellishing or exaggerating a claim such as above could have amounted to a finding of fundamental dishonesty if the case had proceeded to court" (their underlining and dishonesty) and "Honesty is always the best policy and exaggerating injuries does not mean more compensation". In a great bit of Sopranos sound-a-like, they said they "are reasonable and willing to work with you to reach an amicable financial settlement to the outstanding bill." I challenged again any idea that I had been kept up to date of any proceedings. Also, that, regardless of who was to fault, I did hit my head in the accident and asked for details of how this contradicted my account to them and how appalled I was that they were basically calling me a liar.

    Mrs B, being Mrs B, did some Googling into the company (after going mental at me) and found out that, before going into administration, the solicitors had asked loads of people for costs for 'wasted time and breach of contract' with the debt collectors, in a similar manner to how they wrote to me, accusing people of ‘fraudulent lies’. Of course, loads of people have paid the money to this company and some said that they are shit scared and one saying that they were suicidal. One poor sod went to court to have their, I assume, non-'fraudulent' case to be heard, the solicitor didn't turn up as he was ill and then they charged for costs as they said the case didn't have enough evidence to go to court. Also, the debt collectors and the solicitors are both in Southport, the former being formed in July 2016 (a couple of months after I had signed with the solictors) and the solicitors were placed into administration in December last year. Nothing concrete there but it still stinks a bit to me (and very much to Mrs B).

    Of course, everyone is going to say that it is my fault - I crashed into the other bloke, I took the "No Win, No Fee" king's shilling, a firm of solicitors did some expensive work on my behalf and I should just pay up. To an extent, I agree and said to Mrs B that I expect we are going to have to pay up as solicitors are bound to have everything sewn up. However, as time has gone on and I have found out more about the original solicitors (and, more pertinently, Mrs B has said that there is no fucking way that they are getting any fucking money), I am starting to think that there is a fair bit fishy about it all.

    I haven't mentioned the name of the solicitors or the debt collection company as I am not sure on the legalities of such things. Having said that, there is an article in the legal press and mentions in legal review websites that I can link to if it isn't going to get us sued and, more to the point after this long rant, if anyone is at all interested.

    The punchline to this is that, after the accident, the car was written off but still legally drivable. However, six months later, I then accidentally drove into a lamppost knocking it down, closing a major street for two days and having to pay to replace the lamppost. A grand since you ask. I really am a shit driver but not a deliberately misleading one.

    #2
    This is outrageous and I'm somewhat surprised that they weren't struck off/disbarred.

    Comment


      #3
      All other considerations aside: for fuck's sake, you know there are insurance brokers on here and you didn't ask?

      Also, yes. ATE ambulance chasers are to be avoided at all costs.

      PM me if you need any advice on the insurance side, will you?

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        #4
        Also: go to the ombudsman. Tomorrow, if not sooner.

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          #5
          Bordeaux - firstly, you should most definitely not pay up. In my previous role I worked in motor fraud and my experience is that the majority of claims were very much like yours, although even when fault is clear they continue to chase. I learnt very quickly that it was only on odd occasions that it was actually the claimant themselves who were fraudulent.

          I'm willing to bet a pound to a penny that the reason they only contacted you so long after you admitted fault is because they used the old dodgy solicitor's trick of letting a lot of time pass before submitting the claim to the insurer, this makes low value, whiplash type claims, harder to disprove. They would have awaited the acceptance of liability, then arranged for you to have a 5 minute medical with a guy who knocks out 20 reports a day, and submitted a 3 month injury which, given they have submitted the claim so late, is impossible to dispute. And insurers aren't going to argue as, economically, £1500 for you to clear off is cheaper than £3-4k to take you to court.

          Ultimately, they're not going to get any money out of you and they're not going to take you to court. I personally would be looking to report them to the SRA (https://www.sra.org.uk/consumers/problems/), though I don't know where you stand bearing in mind they're in administration, and keep straight-batting anything they send to you. Ask for the date you allegedly attended the medical they claimed you went to, and try and work out what it was you actually were doing that day, ask for evidence of how they kept you up to date, be that by post or telephone calls. Finally, I would request a full breakdown of their fees. You're not going to get this information, but it shows you know your onions and they'll give up before you do.
          Last edited by Simon G; 05-11-2019, 23:07. Reason: EDIT - Or just follow Toby's advice..

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            #6
            What Simon said (hoho!).

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              #7
              FWIW, whenever I received a notification on a claim that was 12 months or older it was common practice at my company to send a courtesy letter to the claimant letting them know we have received a claim from their representative and that we shall continue to deal with them. However, if you have not instructed them then contact us in the first instance.

              In 4 years at this one company, and in numerous claims, I got no more than 5 responses to it and each time the solicitor bowed out with a whimper.

              Comment


                #8
                Bored, we're all very disappointed in you.

                I think I need to PM Toby by the way.

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                  #9
                  Genuinely sorry to hear about all that, Bored. Insurance terrifies me, as I never understand what they're on about. (Cue Toby Gymshorts: "You don't understand what they're on about? WE don't understand what we're on about half the time.")

                  And, you're right, you do sound like a shit driver.



                  Comment


                    #10
                    Martin Lewis's website will have advice about dealing with the debt collection agency, which I think would be your main focus now given the solicitors are insolvent.

                    I'd also not assume the solicitors have it "all sewn up" as there are frequent news stories about dodgy solicitors who act like they know a lot more than they do. They rely on people feeling threatened/ scared.

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                      #11
                      You could also try Citizens Advice / Trading Standards if you think there is something dodgy. My experience with Trading Standards was disappointing but you might find a proactive officer. Particularly if the debt agency are making unsubstantiated claims in their letter.

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                        #12
                        Also more details on the lamp-post story please. How did that happen?

                        Comment


                          #13
                          Originally posted by Patrick Thistle View Post
                          Also more details on the lamp-post story please. How did that happen?
                          I was impressed that Bored emphasised that, at least on this occasion, his collision with the lamp post was "accidental".

                          I like to imagine him otherwise driving around Bath in the middle of the night, shouting "You fucking shiny orange bastards! Have a bit of THIS!" and then giving it a sharp left-hand-down onto the pavement.

                          Comment


                            #14
                            M/A/R/R/S earworm.

                            Comment


                              #15
                              Another point here is just how crap and third world Britain's roads are. Are lane directions only repainted every 20 years?

                              When I go back to England I generally find the road surfaces noisy, bumpy and filthy. But also quite terrifying when it's wet and dark, especially on large junctions like the one where your accident happened, which I know well.

                              I'm sure you weren't the only person to get that junction wrong.

                              Good luck in resisting these slimy vultures, Bored. And listen to your partner!

                              Comment


                                #16
                                As a thank you to you lovely people, I will tell the story of the lamp-post.

                                We were having an extension done and the builders came around for a discussion on it. During the discussion, Bored Jr. asked for a lift up to school. I said no as I was in this important meeting that I had to be part of so off he walked. After half an hour, I realised that the only contribution I had made was asking if an RSJ was going on top of the new doorway (RSJ being a term I had heard in "Fawlty Towers" and is still the only technical construction term I know) and it had started pissing down. Feeling sorry for the boy and sensing an escape route from the conversation that had taken on the form of Charlie Brown's teacher, I said I was going to go and pick up Jr. and take him the rest of the way to school. When I caught up with him, he got in the car and I noticed that he was eating a yoghurt, then I realised he wasn't using a plastic spoon but one from our kitchen. I asked him, "Hold on, where did you get that spoo..BANG! the airbags exploded (I didn't realise there was an actual explosive in there) and the car was filled with talc. Being a shit driver and used to collisions, I thought "Oh fuck, here we go" and checked my elbow that had I had banged (probably thinking, "Here's another claim"). Bored Jr., on the other hand, being a "Too Fast, Too Furious" devotee and seeing the explosion and talc that he thought was smoke, screamed, "Dad! Dad! Get out of the car, it's going to blow up!". I ambled out and checked on him. "It's OK, Dad......I didn't get any yoghurt on my clothes".

                                Anyway, despite his protestations that he couldn't revise for his GCSEs properly with a collarbone that was hurt from the seatbelt, I sent him on his way while I surveyed the scene. An onlooker said that he had already phoned the police and that he had never seen a car go up so high on two wheels before. I am hoping that I am not the only one that has scuffed a kerb but that is basically what I did but sitting on top of the edge of the kerb was the lampost which I hit and it was now sheared off - rotten, I reckon - but being held upright by all the cables. The copper came along and tried to breathalyse me but the first machine wasn't calibrated properly and the second machine had ran out of battery. He said, "It's alright, sir, it's pretty obvious you haven't been drinking". I was going to point out that the fact I had just killed a lamppost might be evidence to the contrary but kept quiet.

                                He stayed with me while I waited for my tow truck to come and he waited for BT to come. He found it hilarious when passengers of buses and cars would stair open-mouthed and then laughed, waved and did thumbs-ups when they say me standing with a copper and a mangled car. Worse was a guy coming out of his house complaining about a lack of internet forcing him out and taking pictures on his phone to send to Facebook. I said, "You'd better tag me on that" when we realised that we both recognised each other as frequent drinking partners (he still mentions it to this day - well, you would wouldn't you?). Bless them, BT sent two guys in a little Ford van, ("You're going to need a bigger van) and then two blokes in a transit ("You're going to need a bigger lorry). I got picked up by the tow truck and the copper waited for the lorry to take the broken lamppost away.

                                That wasn't the end of the embarrassment as Mrs Bored sent me a link the next day to the local paper's website saying that traffic had been snarled up all day as a major road had been closed off while they replaced a lamppost. I was second on the trending chart only after a mate's brother was appearing in court for charging into the ref's dressing room at the rugby that weekend. Anyway, BT sent me an invoice for the lamppost to be passed onto the insurers which I have still to this day. Indeed, seeing as I paid for it, I feel I have the right to put a brass plaque on like you get on park benches saying I paid for the nice new lamppost to exchange for their previous terribly positioned and obviously rotten one. After a subsequent scrape down the side of another car with our next car and a speeding fine, I have admitted to Mrs Bored that not only am I the worst driver in our marriage but also this side of the Channel. She knew the former and, I think, suspected the latter.

                                She will read that admission again because she thought I was mental asking a load of football fans on a geeky website for legal advice and I will now let her see for herself that OTF is actually the go-to hive mind for any issues.
                                Last edited by Bored Of Education; 06-11-2019, 19:18.

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