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Tri Party contracts/advice needed.

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  • #61
    I tend to agree with you, but tagging someone else for advice on this point/

    Hi R0b your comments please on following situation (save reading the complete thread)

    OP is making claim against a dealer who has instructed "Lawgistics".
    Lawgistics are not SRA regulated but there are two SRA regulated people who work there.
    Lawgistics have now given OP notice of acting for defendant, but shouldn't that notice be made by one of the regulated persons in their own name?

    Comment


    • #62
      copied from the interweb.


      However, even if you donít do any reserved activities Ė under the solicitorís rules, you canít do ANY sort of legal work if you are a solicitor Ďon the rollí other than through a regulated firm of solicitors.

      Comment


      • #63
        Originally posted by steveeasy View Post
        copied from the interweb.


        However, even if you donít do any reserved activities Ė under the solicitorís rules, you canít do ANY sort of legal work if you are a solicitor Ďon the rollí other than through a regulated firm of solicitors.
        I think that must be from an old blog as since 2019 SRA Standards and Regulations allow solicitors to deliver non-reserved legal services to the public from within a business not regulated by a legal services regulator.

        However reserved legal services (which includes acting in court) cannot be undertaken
        A full description of those services can be found in sec 12 & schedule 2 of The Legal services Act 2007


        I think I would contact the court and ask if they have received from the defendant a form N434 giving notice of acting by Lawgistics.
        Depending on the answer I would tell the court what I knew.
        If I couldn't get through on the 'phone (and would confirm my telcon if I did) I would send an email headed urgent and quoting case number etc querying the position & setting out what I knew

        Comment


        • #64
          Hi Des8.
          Thanks for that. Iíll ask the question. Itís funny that. Might upset the Applecart a tad which Iím sure Iíll enjoy.
          Iíll report back in due course.
          best wishes
          steveeasy

          Comment


          • #65
            or you could wait until you are in court and then challenge the defence representative's right of audience ... now that could be fun!

            Comment


            • #66
              .... unless they intend acting as a Lay Representative (was reminded about that possibility whilst reading another thread)

              Comment


              • #67
                Hi Des8
                Ive no idea what Lay representative means. I received Acknowledgement of service from the court stating close brothers defending the claim in full, as is the dealer.
                I However received a call from close brothers complex case worker. Nice lady. wanted to avoid going to court. said I could hand car back early and id only have to pay a little bit more they would waive a lot of the charges. I explained the only settlement I will accept is the car returned. all the payments I have made refunded less a small amount for the time I drove the car.

                Steveeasy

                Comment


                • #68
                  Basically if you aren't a solicitor/ barrister etc you do not have right of audience at court, except for cases allocated to the small claims track where anyone can assist you
                  Lay representatives (Right of Audience) order 1992 and CPR 27A 3 apply

                  Comment


                  • #69
                    Hi Des8,
                    Well CB have called again this morning. They have now said they will cancel the agreement. refund all the payments I have made less 1 monthly payment for each 1000 miles the car was driven. I agreed to that. They will cover any loses.

                    I will require the small deposit I paid the dealer. which was £200. If they will not refund that I wonder if I can proceed in court towards the dealer. I also would like to pursue a claim towards the dealer for withholding the details of the warranty which was a breach of the 2015 consumer rights act. seams he is getting away scot free.

                    Of course id have liked to have my time in court with the dealer but if I dont have a loss then it is pointlless. Ill keep you updated and of course it goes without say your help and assistance has been crucial in getting a positive result. Thank you Des8.

                    Steveeasy

                    Comment


                    • #70
                      Not at all bad!
                      They are deducting 13.8p per mile for usage, which is within the guidelines of 10p-15p per mile
                      They should also be returning the deposit, which they can then recoup from the dealer.

                      Presumably they are expecting you to discontinue your claim, and quite frankly I wouldn't be bothered chasing the dealer.
                      The stress it can involve is IMO just not worth it.

                      Overall, well done

                      Comment


                      • #71
                        Hi,
                        Just confirmed they are refunding the deposit as well. Oh we were going to have such fun sorting his legal advisors out. Im fine about the deductions as it is covered in the consumer act and id expected for it to be covered. The CB complex case worker said she had not read thru the information I sent last night. they try to avoid going to court.

                        Yes a very good result.

                        Steveeasy

                        Comment


                        • #72
                          Thank You.
                          Steveeasy

                          Comment

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