Please help me with very sensitive legal issue...

[Jass]

I would really appreciate if someone can help or at least point me in the right direction in regards to very sensitive issue...

In September 2013 my son enrolled into sports academy in Spain. Month and a half latter he was asked to leave because he has taken a packet of biscuits without asking for it! Not only that he was expelled but he was locked up in the gym room for 2 days without food, without being allowed to wash or eat (even that we have payed for full board, including meals), he was made to sleep on the gym floor without any blankets, pillows, etc. No one ever called me from the academy to speak to me about the issue. My son managed to call me after the 2nd day in the gym room to tell me what happened.

My son just turned 18 at the time and that was his first time away form home. He spent 2 days in very uncivil environment, scared, hungry, dirty and without a way to get in touch with me to let me know what happened. At the end of the second day in the gm room and lots of begging from his side, he has managed to charge his phone and to get in touch with me. I've organised his flight back to UK and payed for 1 night in a hotel. On numerous occasions I have tried to call and email the academy but no one ever got in touch with me... No even to tell me that my son has left academy...

On his return to UK, I have decided to take a solicitor as numerous emails and phone calls to the academy went unanswered. Solicitor explained to us that we have 2 options: Civil Proceedings to recover the money paid to the academy (15.000 euros) or Criminal Proceedings because of the way my son was treated and to recover the money. The solicitor asked for £2500-£3500 for Civil Proceedings or £3500-£4500 for Criminal Proceedings and we've agreed that Criminal Proceedings are what we will go for and I paid £3500. (Prior to this £3500 we have paid in access of £1500 for the solicitor to take the case on, pre-action letter and so on...)

Since paying for the Criminal Proceedings in April 2014 (6 months after initial consultation with the solicitor - that's how long it took for the solicitor to get the paperwork in order!!! ) I have a feeling that the solicitor has done nothing! We have received NO paper work from the solicitor, 8 times in the course of 1 year I was told by the solicitor that they are ready to submit the case to the court but it never happened...

All of a sudden a month ago on one Saturday, late evening, I have received email from the solicitor saying: "Unfortunately the court does not consider that the facts scribed constitute the 4 charges denounced on my writ. We can appeal the decision to the upper court (Audiencia Provincial) or we can file civil proceedings (we can also appeal first and wait for the outcome and if unsuccessful file for civil proceedings). I estimate incurring in costs of £1,500 plus VAT for the appeal and of £2,500 plus VAT for the new civil proceedings." .... no actual paperwork again... When I asked for the reason of our case being turned down, he emailed me something from the Spanish Court in Spanish! I couldn't understand anything...

I called the solicitor but he couldn't give me any more explanation to what happened... he was just saying that he will need more money if we would like to proceed with the appeal...

Since then I have asked the solicitor to send us detailed bill and/or paperwork, so I can see what was done but I have received nothing! He answered: "My accountant is sick, as soon as she recovers, it will be sent to you." ...

I am very confused and not sure what happened beside the fact that I am €15.000 + £5.000 lighter... I feel that we were robbed by the academy and then by the solicitor.

I am not sure where to turn and what to do and I would really appreciate if someone can give me an advice... I feel that solicitor has not done much if anything, beside just taking our money and not giving us anything...

Please, please, please someone help me with this!

[EXC]

Re: Please help me with very sensitive legal issue...

So you paid the solicitor £1500 and £3500 upfront to bring criminal proceedings?

I'm not familiar with the Spanish legal system but in the UK only the state has the standing to bring criminal proceedings.

A few questions:

• Did you receive a letter of engagement when you first instructed the solicitor? If so can you post it up removing any personal info?
• Did you receive a written quote for the money you paid? If so can you post it up removing any personal info?
• I assume this is a UK solicitor, who is he? I just want to check if he's regulated by the SRA.

[stevemLS]

Re: Please help me with very sensitive legal issue...

Afraid I know nothing about Spanish law or cross border litigation.

However, assuming the solicitor is English their conduct doesn't sound up to much. The firm must have a complaints handler, who you can get details of via the SRA 0370 606 2555. It looks to me as though you should be making a complaint about them. If you are not satisfied with the response you can go to the Legal Ombudsman.

On the face of it, the academy may well have been justified in expelling him for what it will characterise of theft (and at 17/18 he has a higher degree of culpability than, say, a 9 or 10 year old) but their subsequent treatment of him sounds disgraceful.

- - - Updated - - -

So you paid the solicitor £1500 and £3500 upfront to bring criminal proceedings?

I'm not familiar with the Spanish legal system but in the UK only the state has the standing to bring criminal proceedings.

A few questions:

• Did you receive a letter of engagement when you first instructed the solicitor? If so can you post it up removing any personal info?
• Did you receive a written quote for the money you paid? If so can you post it up removing any personal info?
• I assume this is a UK solicitor, who is he? I just want to check if he's regulated by the SRA.

That isn't quite right, various other bodies can prosecute particular offences (HMRC, local authorities, DWP, HSE etc) and any private citizen can bring criminal proceedings at any time although the crown can intervene and bring them to an end at any time.

[Jass]

Re: Please help me with very sensitive legal issue...

Hi EXC,

Thanks for the reply!

Yes, I have paid the solicitor on 29th November 2013 £900, on 27th January 2014 £618 and on 30th May 2014 £3500.

In regards to your questions:

• I am not sure if Letter of Engagement and CCL are one and the same but I have received CCL (Client Care Letter), TOB (Terms of Business) and Checklist document on 25th November 2013. CCL is full of personal details so I would prefer to send it to you in private message if possible...
• It's UK solicitor. I'll send you his name by private message if possible... I wouldn't like to upset anyone in case I am totally wrong about all this...
• I have received an email from the solicitor, if that counts as the "written quote" and here is the copy of that email:

"Dear XXX

After considering this matter in depth I would like to inform you as follows.



As already explained, we can either chose the criminal or the civil way. If we chose the first one, we can ask the court to look not only at the issue as to the way in which XXX was treated, which may constitute an offence, but we can also request for the reimbursement of the monies owed to you. If we chose the civil way however, the court will have no jurisdiction to look into the offence, and will just deal with our request for reimbursement.



There are various counts which I have considered suitable to be applied within the criminal proceedings in this case. As discussed illegal detention and libel. These would however be disputed by the opponent on the basis that XXX was free to go anywhere and that he was caught "stealing", respectively. Another count I have consider is attack to privacy but they could argue they were looking for item stolen by XXX to justify their action.



Another count, which I consider the most suitable above all, is hazing. If criminal proceedings are chosen, I would put this count as the principal in combination with the others above mentioned. Aside the claim for reimbursements of the monies you paid for the whole academic year, moral damages could be claim, and I would expect in this regard anything between 5,000 and 10,000 Euros. If our claims are withheld, we might - but not guaranteed - also recover your professional fees.



The downside of instigating criminal proceedings is that according to our local court assistant, criminal courts are clogged and proceedings there are taking much longer than at the civil courts.



As to our fees, I estimate these to be between £2,500-£3,500 plus VAT plus disbursements in the area of £1,000 if we chose to instigate civil proceedings and between 3,500 and 4,500 plus VAT plus disbursements in the area of £650 for the criminal proceedings.



If you would like us to star works please confirm and put us in funds in the amount of £2,500 if you wish us to instruct civil proceedings and of £3,500 if you wish us to instruct criminal proceedings.



If you have any queries please do not hesitate to contact us.



Best regards.
XXX"

[Jass]

Re: Please help me with very sensitive legal issue...

stevemLS there is a complaint handler but in this case it's our solicitor... as he is the Managing Partner for and on behalf of the solicitor firm... I feel my complaint will fall on deaf ears as I will be complaining to our solicitor about our solicitor...

I remember my son complaining about the food in the academy for the month and a half that he was there... They used to train for 6-8 hours a day but would receive a bowl of cornflakes for breakfast, plate of rice and meat for lunch/dinner and a snack latter on in the evening... It was the same food every day! I am not trying to justify what he's done but I am not surprised that he was hungry...

What bothered me was that no one from the academy ever got in touch with me to let me know that my son was expelled and he's getting punished. He was 2.500 miles from home!

I wander is it really possible that the well known sport academy can treat the kids that way and there is nothing that I can do about it...

[EXC]

Re: Please help me with very sensitive legal issue...

Ok thanks. I've sent you a private message.

[EXC]

Re: Please help me with very sensitive legal issue...

stevemLS there is a complaint handler but in this case it's our solicitor... as he is the Managing Partner for and on behalf of the solicitor firm... I feel my complaint will fall on deaf ears as I will be complaining to our solicitor about our solicitor...

Regardless of how futile you believe a complaint will be treated it's vital that you complain to the solicitors first, as only then will you be able to take your complaint to the Solicitors Regulation Authority who have the power award redress.

[Jass]

Re: Please help me with very sensitive legal issue...

EXC I have just sent an email to you with the docs attached

[Jass]

Re: Please help me with very sensitive legal issue...

Regardless of how futile you believe a complaint will be treated it's vital that you complain to the solicitors first, as only then will you be able to take your complaint to the Solicitors Regulation Authority who have the power award redress.

As you can probably see, I am not at all clued up on how all this works... I have read through http://www.sra.org.uk/consumers/problems.page and I do understand that I have to send an official complaint to our solicitor first, but I wanted to pick other people brains first and see what would be the best course of action...

I am not even sure how to complain about this... should it be the length of time it took them to deal with our case or amount of the money that we've paid or the way we were treated or maybe everything... I am just totally lost in all this...

Is there are a time frame that I have to put the complaint up to the solicitor and/or SRA / Legal Ombudsmen?

[EXC]

Re: Please help me with very sensitive legal issue...

Sorry, I don't mean SRA but LeO (Legal Ombudsman)

The solicitor has 8 weeks in which to issue you with a final response to your complaint and at that point you can take the complaint to LeO.

[Jass]

Re: Please help me with very sensitive legal issue...

Sorry, I don't mean SRA but LeO (Legal Ombudsman)

The solicitor has 8 weeks in which to issue you with a final response to your complaint and at that point you can take the complaint to LeO.

Thanks for that! Would there be a time limit on when should I put an official complaint to the solicitor?

Also... I have asked the solicitor for detailed bill about a month ago, and I have just received his Time Ledger ... but what should I be looking for? I don't understand anything on that sheet... and I still don't have any idea if he has done any work and what kind of work... we have never seen anything that he is mentioning on the Time Ledger...

When I've asked for detailed bill I was expecting to receive copies of the letters/work done for us, together with who has done the work and how much it cost... I am a wrong in expecting something like that?

[EXC]

Re: Please help me with very sensitive legal issue...

As you're still dealing with the solicitor and you've only just received the time ledger (and not a detailed breakdown on the costs requested which is entirely reasonable to ask for) I don't think putting in a complaint now is an issue from a time limit perspective.

Can you send me the time ledger?

[stevemLS]

Re: Please help me with very sensitive legal issue...

Has anyone else ever heard of a criminal offence of hazing?

Of of a criminal court having the power to order recession of a contract?

That doesn't look like good advice to me, but, I reiterate, known nothing about spanish law.

You wouldn't usually get copy correspondence in a detailed bill, but you should get "Letter out" on whatever date and how long it took, and so on. It may be that the time ledger covers it.

[Jass]

Re: Please help me with very sensitive legal issue...

As you're still dealing with the solicitor and you've only just received the time ledger (and not a detailed breakdown on the costs requested which is entirely reasonable to ask for) I don't think putting in a complaint now is an issue from a time limit perspective.

Can you send me the time ledger?

Just emailed you with the Time Ledger...

[Jass]

Re: Please help me with very sensitive legal issue...

Has anyone else ever heard of a criminal offence of hazing?

Of of a criminal court having the power to order recession of a contract?

That doesn't look like good advice to me, but, I reiterate, known nothing about spanish law.

You wouldn't usually get copy correspondence in a detailed bill, but you should get "Letter out" on whatever date and how long it took, and so on. It may be that the time ledger covers it.

On numerous occasions over the last year and half I have asked the solicitor for the copies of the letters sent in our name to the academy or the court or anyone in that respect, but we have never received anything... so how do I know that he has done any work at all... I have not seen it...

I have my own business and when a client ask me for a detailed bill, it's my duty to show him what was done, amount of hours spent and the copies of all of the written letters/documents done in the clients name. Is that not what solicitors are supposed to do as well?