Godloves Solicitors - No Win No Fee case

[WendyB]

Does anyone know of this crew at all? I have googled them and nothing particularly dogy has popped up. Apart from the fact that the name seems a bit suss.

Sorry if this is a bit longwinded.


Background
My father in law was contacted by his previous trade union with regard to possibly claiming compensation etc for asbestos related illnesses, There was a lot of publicity in the newspapers a couple of years ago. From what I can gather he filled the forms in and sent back to the TU. The TU apparently referred him to Godloves Solicitors ( I am wondering if it might be a GLO they are doing?).
Anyway, today he has had a letter stating they will do it on a no win no fee basis, he will not have to pay any money, win or lose. So far so good. But the letter goes on to say that they will run his case on a Conditional fee Arrangement (CFA). The CFA is explained, but to a layman, it's not exactly clear. It also says to phone them and discuss it before signing and returning. And the charges detailed in the CFA are astronomical, to say the least.

The letter also says that they have traced the company he worked for (I could have done that myself in approximately half an hour), details of the claim have been forwarded to them, and they have passed it to their insurers for consideration. Godloves also say that medical records have been requested but not yet received. I know that he can obtain his own medical records, so am prepared to go down that route if necessary.

I am not sure exactly what info he has given to them, what I do know is that the company inquestion, he worked for up until about 1990-1991, for about 10 years, may have been longer. he took early retirement on health grounds following contracting tubercolosis. I would have thought that anything to do with an asbestos related illness would have come from many years before, when he actully worked in drop forging, and prior to that, in a coalmine. But I am not an expert in these matters.

I don't have a copy of any forms he has filled in, but presume that these can be got from Godloves Solicitors.

I suppose my questions, really, are
does anyone have any info on CFA
any info on claims for asbestos related diseases
could we handle the claim ourself (at least until the latter stages?)

I will scan up the paperwork he has received sometime tomorrow when I'm at work.


Thanks in advance

Wendy x

[Paule]

Re: Godloves Solicitors - No Win No Fee case

There was a recent case where the claimant got all his compensation of apprx £300 and the solicitors fees were in the regions of £1000s per case.
I think a few solicitors got struck of because of this.

A good starting point would prob the union website to see what the situation is with reagrds to claims, then posibly the HSE site, then off you go on a google search for more info

[Paule]

Re: Godloves Solicitors - No Win No Fee case

heres a bit of info

BBC NEWS | Health | Asbestos compensation case begins

There is some great advice on here for example 'What to ask a potential solictor'

Mesothelioma UK

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

Thanks PK, that's in my plan of action for tomorrow when I get more info out of FIL. I have the feeling it was the Boilermakers Union but not sure. Need stacks more info out of him. Prob is that cos they are old, they go gung ho at things, then when they don't understand it they come to me.

Then I come to Beagles....

But fear not, he will not be signing any forms just yet. Mainly because I have the original here in my possession......
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heres a bit of info

BBC NEWS | Health | Asbestos compensation case begins

There is some great advice on here for example 'What to ask a potential solictor'

Mesothelioma UK

Well he hasn't got cancer in any shape of form, mesotheliomaor otherwise, as far as I know. He is not in the best of health, particularly chest and lungs, and does have emphysema, but not cancer.

Apparently he had a CT scan a few months ago, I didn't know this till tonight and have no idea what the results were.Also don't know if it was a referral by his doctor, or if it wase to do with this claim. Another question to put on my interrogation list.

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

Here is the letter received, and the CFA. Could someone have a look and see what you think please? The legal jargon is incomprehenisble to me, god only knows there is no chance of my FIL making head nor tail of it. Perhaps that is what they hope for anyway?





thanks

[enaid]

Re: Godloves Solicitors - No Win No Fee case

Hi Wendy,
It looks as though your FIL has given them quite a bit of info already.
I got this link here for you it is a free phone number at least and they may explain the ins and outs a little better for you. They also may be able to tell you something about these Godloves people.

http://www.nationalasbestos.co.uk/

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

Thanks for that Di. I have spoken to FIL, who apparently filled in some advert from a newspaper. He has given all info over the phone, only thing he has given permission for is for them to get his medical records. Checked that link but not sure if that is another one of these no win no fee ambulance chasers.
So I rang his old union, TGWU, who said they would recommend XXX a firm in Birmingham. Have rang them and they are going to call me back. If they are recommended by the Union I would rather he went through them, especially if they may be doing a GLO or something similiar.
When I get chance I am going to ring Godloves on FIL's behalf and see if i can get any sense out of them. Might also request copies of all paperwork/documentation they have so far.

Forgot to say, consultant at the chest clinic says he defintiely has asbestosis (or something equally unpronounceable) which was why he went for the scan.

[righty]

Re: Godloves Solicitors - No Win No Fee case

The CFA you have received is normal. For the 3rd party to be liable the charges MUST be set out (it's known as the indemnity principal) HE will not be paying them or any disbursements

Notwithstanding the foregoing your father could be liable for charges from any point that he refused to either cooperate or alternatively refused to accept the advice of his legal representative. This is also normal as no lawyer is going to fight when there little hope of success & as he's not paying there has to be a sanction if you play awkward & say refuse to accept what may be a good offer insisting it go to trial or simply stop responding to reasonable requests to supply info etc:

Such claims as these can be a long drawn out affairs & sometimes understandably the claimant may want to pack it in but the lawyers may have already incurred considerable costs so the claimant, not having paid anything, often needs the incentive to continue in such circumstances. The claimant insisting on accepting a low offer is one thing but just pulling the plug expecting the lawyers to foot the bill is another

The matter mentioned by Pkae was nor a true no win no pay CFA (which it should have been) it was a 'contingency' agreement which as there are no costs recoverable (normaly) are only permitted in Employment Tribunal claims & is why the solicitors concerned have been struck off (although it should be mentioned they are appealing the decision of the Law Society)

The offer is kosher. However if he was a union member at any time he should make enquiries of them as they may allow him to claim using their CCFA (Collective Conditional Fee Agreement) which in turn will direct him to one of national law practices such as Thomsons or Rowley Ashworth who specilise in such claims on behalf of unions

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

Thanks very much Righty, that makes more sense now.

Spoke to TGWU yesterday, who referred me to Thomsons. They were very helpful and offered to arrange a meeting with him. She told me which diseases qualify and which don't. They have also had dealings with the company he worked for so are familiar with them and their insurers, and could not understand why Godloves had not explored the possibility of funding through the union.

I am going to call Godloves and check it out, I would feel more comfortable if Thomsons represented him. But need to know if there will be any charges from Godloves for anything they may have done so far, which doesn't seem to be very much.

Have requested a copy of diagnosis letter from doctors, who were a bit unhelpful, to say the least, but I got what I wanted in the end, just have to put it in writing first and they have agreed to give a copy.

Looks like this may take some time but we'll get there in the end.

Will keep you all updated.

[righty]

Re: Godloves Solicitors - No Win No Fee case

Assuming you already have it if you haven't signed the client care letter or the CFA there can be NO charges incurred.

In other words it's your Fathers choice as to which firm to use. MY advice is to go with that recommended by the Union & Thomsons are one of the best for these sorts of claims. Their knowledge on the subject is extensive & they have lawyers who specialize in asbestoses claims
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Forgot to mention there might be issues with limitation so it's important that you proceed asap in order that the lawyers can protectively issue proceedings in time to avoid the claim being time barred.

Due to a recent HoL (disgraceful) ruling (mentioned by Pkea in his post) exposure alone is not now sufficient to mount a claim there has to be actual disease evident. In other words scarring of the lungs (which is what happens when exposed) is not considered by their Lordships to be an injury worthy of consideration. This recent Judgment overturned decades of settled law much to the delight of the insurance industry

Sorry about my little rant but I hope the rest of post has been helpful

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

No, nothing has been signed.

I spoke to the solicitor at Godloves this afternoon, he was very polite, very helpful, and said that he had heard of Thomsons, they are very well known in the filed and do excellent work. He said that if we wanted to use Thomsons he would have no problem whatsoever with that, and that he absolutely definitley would not charge us anything, ever. The reason he has not explored union funding is that FIL had not told him he had been a union member. He also said that there was not much point in Godloves going through the union as they wouldn't deal with them as they had their own recommended lawyers (i.e. Thomsons). He has applied for records from the GP and hospital but as yet they have not arrived. He will not be charging for the cost of the SARs for the medical records. He was very knowledgable about asbestos, the various diseases, and what could and could not be compensated for.

He even suggested that he deal with me rather than FIL as I seemed to have more of a grasp/understanding of the situation and he knows it can be worrying and confusing for elderly people etc.

My MIL had already spoken to him by phone earlier, he had explained about the CFA and is writing a letter to them to put it in simpler terms.

All in all, he was very nice, I think we will wait and see what this letter says, and then decide. But I feel much better about things now, and really don't think they are dodgy ambulance chasers after all.

[righty]

Re: Godloves Solicitors - No Win No Fee case

Excellent as expected. Just 1 word of advice for the solicitor it's important that in future he check to see if there is alternative funding by ASKING the prospective client if they have legal expenses cover or are or have ever been a member of a union. In other words he cannot rely on being told he has to ask

Failure to run through this check list may result in all or part of the insurance disbursement plus costs being non-recoverable & THEY/HE will have to bear any loss

[WendyB]

Re: Godloves Solicitors - No Win No Fee case

Thanks Righty.

I think he would have done that but as he says, Godloves are not on Union "panel". he has been dealing with asbestos cases for 14 years or so, so hopefully knows what he's doing - fingers crossed.

Further info gleaned from FIL tonight - he was actually recommended to Godloves by someone he knows who actually used them for their asbestos related claim, and got paid, and didn't pay anything at all. I wish he'd told me that in the first place, instead of leading me to believe that it was some random bloke from a newspaper advert!

I am going to contact the Doctor's on Monday to chase them up on the SAR which solicitor has already requested and paid for.

Have told FIL it could be a long drawn out process, although the letter from consultant states "pleural plax" which can only be got from asbestos, no doubt they will try to argue that some other disease, i.e tb or pleurisy or similar, has caused the scarring on his lungs. we will just have to take it as it comes and stay in it for the long haul.

Thanks for your advice on this.

Wendy xx

[righty]

Re: Godloves Solicitors - No Win No Fee case

"pleurisy or similar" can ALL be caused by exposure to asbestos