CCJ paperwork received. A solicitor is claiming for work i never instructed!

[Ilovehorses]

Hello All

I am posting this on behalf of my partner, he has received paperwork out of the blue from Northampton County Court for just over £1400 from a firm of solicitors claiming for work they supposedly did for a accident claim. My other half was in the back seat of a car when it was rear ended, his friend who was driving instructed a solicitor to act on his behalf to pursue a claim. The friends solicitor asked my other half if he wanted to claim, he said no. He was asked to go to a medical which he attended thinking it was for his friends claim. At every stage he said he did not want to claim and he did not instruct the solicitor to pursue it.

The invoice they have provided as part of the evidence lists letters, telephone calls etc, these were never written and he did not speak to them other than to say he was not interested in claiming.

Where does he stand? He's on ESA and he is entitled to legal aid but i cannot find a solicitor willing to take it on, the free legal advice centre won't deal with it as they say its a personal injury claim. But its isn't!

Help needed

[Ilovehorses]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

Oh dear is this really that complicated no one can advise me! I'm more worried than I was before!

[miliitant]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

hold tight their

i have only just read your post

this is simple in reality

for the solicitor to act on someones behalf they would have to get you sign a letter of instruction. this covers the solicitor to act in your interest. without that instruction the data protection act for example would kick in and the solicitor would be unable to act on your behalf

this is done on road traffic accidents by way of signing a conditional fee arrangement or put another way, its an insurance policy for a no win no fee sinario

just ask the solicitor for a copy of the notice of instruction with your signature on it

they will then withdraw the claim or you defend the claim and claim a wasted costs order

[teaboy2]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

Yep CPR31.14 requesting all documents from them related to their claim, including the Notice of instructions signed by the defendant!

As militant said, without which, they have no possibel chance of success, and should they not respond to your CRP request, then you need to apply for unless order with a application for strike out.

Also report this so called solicitor to the SRA as they are in breach of their code of conduct!

By the way who is the solicitor, or is it one of this personal injury claims company? As i wouldn't be surprised if it was actually a claims company and not actually a solicitor!

[Ilovehorses]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

By the way who is the solicitor, or is it one of this personal injury claims company? As i wouldn't be surprised if it was actually a claims company and not actually a solicitor!

Thanks for your advice, its a company called KG Solicitors I hadn't checked this site for a while so we submitted the defence last week, claiming that they can't provide evidence that my partner had instructed them.

but upon hearing your advice i will write to them and ask for proof of instruction

i'll keep you updated! thanks again

[enquirer]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

KG Solicitors Ltd.
Company No. 05734977.
Current Directors: K Ganchi; D Hayden-Pawson; SD Patel; SY Umar.
Areas of especial interest: Immigration and No-win, No-fee claims.

One of their employees - David Peter Barber - has been the subject of SRA disciplinary hearings.

[Ilovehorses]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

KG Solicitors Ltd.
Company No. 05734977.
Current Directors: K Ganchi; D Hayden-Pawson; SD Patel; SY Umar.
Areas of especial interest: Immigration and No-win, No-fee claims.

One of their employees - David Peter Barber - has been the subject of SRA disciplinary hearings.

Thank you for this, my partner has now received a allocation questionnaire and it asks for any additional information, what do you suggest I put here that could help my case?

Many thanks

[enquirer]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

Thank you for this, my partner has now received a allocation questionnaire and it asks for any additional information, what do you suggest I put here that could help my case?

An allocation questionnaire is simply used to determine which track the case should be on.

As teaboy2 has already advised, you must - absolutely must - write to them demanding proof of instructions.

When they are unable to supply this, you will be able to make an N244 application for the claim to be struck out on the grounds that it is baseless. You will also be able to ask for costs.

[Ilovehorses]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

I emailed them asking for a copy of the notice of instruction this is what I got in reply- how should I reply? My other half attended a medical but he was under the impression it was for his friends case as it was his friends solicitors. It was naive of him I s'pose but nothing was explained to him


1. As you well know, you instructed this firm to act on your behalf on a conditional fee basis
2. Your understanding in relation to a signed form of instruction is incorrect; you are referred to the 2005 CFA regulations
3. Inter alia, you attended the medical appointment arranged for you by this firm
4. Further, you signed a form of approval of the medical report

Your file has been referred to a decision maker as to conduct.

[enquirer]

Re: CCJ paperwork received. A solicitor is claiming for work i never instructed!

They seem to be referring to the Conditional Fee Agreements (Revocation) Regulations 2005.

The relevent legislation is s58(3a) Courts and Legal Services Act 1990 (as amended). This states that CFA's must be in writing.

Nor can it be said that a contract arose, as the requirements for a contract were not satisfied.

You might also find the SRA's Code of Conduct useful: http://www.sra.org.uk/solicitors/han...e/content.page

They are trying to put the frighteners on. Simply repeat your demand for documents.

Don't reply by email. Do it in writing, and send by Recorded Delivery.