Tri Party contracts/advice needed.

[des8]

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?

[steveeasy]

copied from the interweb.


However, even if you don’t do any reserved activities – under the solicitor’s rules, you can’t do ANY sort of legal work if you are a solicitor ‘on the roll’ other than through a regulated firm of solicitors.

[des8]

copied from the interweb.


However, even if you don’t do any reserved activities – under the solicitor’s rules, you can’t do ANY sort of legal work if you are a solicitor ‘on the roll’ 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

[steveeasy]

Hi Des8.
Thanks for that. I’ll ask the question. It’s funny that. Might upset the Applecart a tad which I’m sure I’ll enjoy.
I’ll report back in due course.
best wishes
steveeasy

[des8]

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

[des8]

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

[steveeasy]

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

[des8]

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

[steveeasy]

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

[des8]

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

[steveeasy]

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

[steveeasy]

Thank You.
Steveeasy

[steveeasy]

Hi Des8
CB have asked me to confirm if they dont enter a defense can I confirm ill not ask for a judgement which I have agreed to. What should I do now. Should I withdraw the summons. I think it will take a few weeks to get repaid by CB, Should I withdraw summons prior to this ?. I dont mind either way but probably should cover my back.

Steveeasy

[steveeasy]

Response back from Lawlogistics.
Thank you for your email. However, you will find that the SRA registered solicitors who work for Lawgistics Litigation for the Motor Trade CIC are permitted to carry out reserved legal activities by virtue of the Section 23 (2)(b) of the Legal Services Act 2007.

[des8]

if you discontinue your claim you will not be able to restart it if they don't pay.

A Tomlin order might be the way forward.