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RTA Claim Assistance please

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  • RTA Claim Assistance please

    Hi there,

    I am hoping someone may be able to advise please. Without going into all of the details at this stage, some two years after what should have been a simple RTA Claim, the Solicitors dealing with our case have decided that they are unable to pursue and are closing the case. They have already admitted that their negligence, delays etc have hindered our case and for this offered us £100. They are now saying that they can take this no further and are relying on certain reports etc that they say they have received, but yet we have not seen sight of amongst many other things. They have sided heavily with the other side for some time now despite numerous evidence and constant changing of stories about what actually happened from the thirs party, who incidentally at the time of the accident admitted full liability but then later retracted.

    My question is that if they close the case, can we request our file from them including all the documents , letters between both Legal teams etc similar to a CCA / SAR request ? I am assuming we have a right to see all of this information. We do intend contacting the Legal Ombudsmen in relation to this and then thinking our next step from there. We wish to see evidence of this documentation they say that they have but despite several requests have not sent to us. One conversation from them resulted in them saying that they themselves had never seen sight of it but had been advised in a telephone call of its existence. This is report from a garage apparently purporting that the damage to our vehicle could not have come from this accident yet this apparent report was over a year after the accident.

    I could go on forever with this story and perhaps I will at some stage if I need further advice, but for now some clarification as to whether we are within our rights now they are closing the file to receive all information relating to is would be great please.

    Many Thanks in advance
    Tags: None

  • #2
    Re: RTA Claim Assistance please

    Normally, you are entitled to your file once all fees have been paid, in the case of yours (no win no fee?) I would imagine they could charge you a reasonable fee for giving you a copy £40-50 tops?
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    Comment


    • #3
      Re: RTA Claim Assistance please

      Originally posted by Daley0 View Post
      Hi there,

      I am hoping someone may be able to advise please. Without going into all of the details at this stage, some two years after what should have been a simple RTA Claim, the Solicitors dealing with our case have decided that they are unable to pursue and are closing the case. They have already admitted that their negligence, delays etc have hindered our case and for this offered us £100. They are now saying that they can take this no further and are relying on certain reports etc that they say they have received, but yet we have not seen sight of amongst many other things. They have sided heavily with the other side for some time now despite numerous evidence and constant changing of stories about what actually happened from the thirs party, who incidentally at the time of the accident admitted full liability but then later retracted.

      My question is that if they close the case, can we request our file from them including all the documents , letters between both Legal teams etc similar to a CCA / SAR request ? I am assuming we have a right to see all of this information. We do intend contacting the Legal Ombudsmen in relation to this and then thinking our next step from there. We wish to see evidence of this documentation they say that they have but despite several requests have not sent to us. One conversation from them resulted in them saying that they themselves had never seen sight of it but had been advised in a telephone call of its existence. This is report from a garage apparently purporting that the damage to our vehicle could not have come from this accident yet this apparent report was over a year after the accident.

      I could go on forever with this story and perhaps I will at some stage if I need further advice, but for now some clarification as to whether we are within our rights now they are closing the file to receive all information relating to is would be great please.

      Many Thanks in advance
      Hello Daley

      What are the main features of your claim? What defences were offered and applied? You said your solicitor sided with the opponent? I have studied relevant law so I may be able to offer some assistance.

      Comment


      • #4
        Re: RTA Claim Assistance please

        Hi Daley

        Was it a no win no fee agreement?
        Thanks

        Comment

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