Cartel using Burleys solicitors ? NOT ANY MORE :-D

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

Turner Coulston did the SPML case - Adrian Salter. thus - http://www.ccatestcase.co.uk/Walker%20vs%20SPPL-1.pdf

Stephensons mentioned a few times in this thread already

Amethyst - where do you, or the site team, get these kind of documents? It would be useful for people like me to do their own research on cases and which solicitors have taken which cases. It seems hard to find that information unless you are somewhere inside the legal field and you know where to look.

[Amethyst]

Re: Cartel using Burleys solicitors ?

Claims management regulator places blame firmly on solicitors



Thursday 30 July 2009

Law firms may be feeling the pain of the recession, but it seems business is booming for claims managers. As we report this week, a study by the claims management regulator, which sits in the Ministry of Justice, shows that the number of players moving into this market is increasing at a phenomenal rate – from 951 in June 2007 to 2,928 in May this year.
As the regulator succeeds in stamping out areas of malpractice, such as advertising in hospitals, new ones spring up, such as cold calling routed through foreign call centres.
In personal injury, the claims management regulator places the blame firmly on the shoulders of solicitors. It notes that if lawyers met their professional obligations to check out the way claims are gathered, the malpractice would not occur.
That solicitors are failing to comply with their duties in this respect is well established, and the Solicitors Regulation Authority, which has been wrestling with this issue since its inception in 2007, needs to step up its efforts to enforce the rules. But surely the claims management regulator could do more to tackle the claims handlers head-on, rather than shifting the burden onto the solicitors’ regulator. As the study itself acknowledges, given that there are far more claims management companies than originally envisaged, perhaps the time has to come to review whether a regulator operating out of a government department really has the means to deal with this.

Source: Law Gazette

[righty]

Re: Cartel using Burleys solicitors ?

Contingency CFA's are common place in low value claims EG in ET cases there are no costs so anyone being represented (unless pro bono) by a lawyer pays an agreed portion of any settlement to said lawyer

AEI isn't going to pay your costs if you win unless they are adverse cost & not due to negligence so of course a solicitor can charge the claimant a percentage of any award where there are no recoverable costs.
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As for 'Access to Justice' don't get me started absolute rollocks Should read 'Denied Access to Justice' which is much more apt

[Amethyst]

Re: Cartel using Burleys solicitors ?

So which company says that then?? I did hear very good stuff about David Berkley on consumer credit cases...

only one I know of ... Legal Beagles

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

If the Sols were so successful they would just take on more staff and turn it into a RTA production line.

I think they already have!
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I wrote to David Berkley QC yesterday asking if this statement made by a company who 'retains' him was correct - I take it with a big pinch of salt and I don't know if I will receive an answer from him but worth a shot to get to the bottom of whats happening at the top end.

So which company says that then?? I did hear very good stuff about David Berkley on consumer credit cases...

[helpmeclaim]

Re: Cartel using Burleys solicitors ?

The lender would only take you to court if you were not paying the loan etc. They wouldn't take the Solicitor to court. They are saying the loan is enforceable its up to the Solicitor to take them to court if they don't settle

Regarding Reynards i don't know anything very bad about them but they are a small outfit and same as most new to this area a lot of dodgy Solicitors are from Manchester for some reason. As Amethyst says all the letters are on this site try yourself first if no success then try a Solicitor but keep paying the loan

[Amethyst]

Re: Cartel using Burleys solicitors ?

I wrote to David Berkley QC yesterday asking if this statement made by a company who 'retains' him was correct - I take it with a big pinch of salt and I don't know if I will receive an answer from him but worth a shot to get to the bottom of whats happening at the top end.

''have employed the services of one of the UK's leading Barristers specialising in Consumer Law. He is currently training approx. 20 solicitors every month to cope with the demand expected and each one will have a streamlined paperwork process, so that our clients receive the very best efficient service''

[helpmeclaim]

Re: Cartel using Burleys solicitors ?

I personally think they are all just waiting to see what happens with the test cases. If the Sols were so successful they would just take on more staff and turn it into a RTA production line. Just my opinion.

Yes i agree we don't know how many cases are being settled without court action if it was high numbers i am sure we would all know about it. As this doesn't seem to be case i would be very cautious.

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

Turner Coulston did the SPML case - Adrian Salter. thus - http://www.ccatestcase.co.uk/Walker%20vs%20SPPL-1.pdf

Wow, good case!
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Sorry,

If the Solicitor actually goes to trial they should not close your file as they would have to do a risk assessment before going to trial so they should be confident of winning. If they lost or closed the file it would mean you would still owe the amount on the credit agreement. You wouldn't have to go to court and represent yourself if that’s what you meant.

I meant that if the solicitor was only taking the case with the view of establishing unenforceability (and the lender may or may not settle out of court), but in the meantime the lender took the case to court, I presume the solicitor would do another risk assessment based on that.

Can you tell me more about your reservations about Reynards??

[helpmeclaim]

Re: Cartel using Burleys solicitors ?

Sorry,

If the Solicitor actually goes to trial they should not close your file as they would have to do a risk assessment before going to trial so they should be confident of winning. If they lost or closed the file it would mean you would still owe the amount on the credit agreement. You wouldn't have to go to court and represent yourself if that’s what you meant.

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

I've heard some mixed reports on Stephensons.

What does "UCA" sols mean?

I just rang Turner Coulston and they say they are at capacity and not taking any new claims. That's the same as Callen Jones, they said the sheer volume they are dealing with means they are only dealing with harrassment now until the test case resolves.

[Amethyst]

Re: Cartel using Burleys solicitors ?

Only a Judge can deem iredeemably unenforceable however the banks have been known to wirte off debts before they are paid up on the basis of unenforceable cca - before it goes into court. So thats probably why the figures on court cases are so low.

Not having used a CMC I dont know how far they do along the writing to lender and asking to write off on that basis, or if they try to go straight to court for a declaration. WOuld be sensible to do the first first.

Turner Coulston did the SPML case - Adrian Salter. thus - http://www.ccatestcase.co.uk/Walker%20vs%20SPPL-1.pdf

Stephensons mentioned a few times in this thread already

[helpmeclaim]

Re: Cartel using Burleys solicitors ?

Reynards - personal opinion and nothing else leave alone, most of these UCA sols are from Manchester and the North West.

The 2 best Solicitors i could recommend would be

Stephensons Solicitors
Turner Coulstons - I know Keith Turner prob one of the best Sols in this area

I was unsure how many of these case's are successful from what you say i don't understand why so many Solicitors are reluctant to take on any cases? As you say all the CMC's are just taking your money regardless and i bet its more like 30% of agreements are unenforceable. I am not sure what’s happening with all the test case's but this maybe why everyone is waiting to see what happens

It was my understanding only a Judge can deem an agreement as unenforceable
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Quote:
Originally Posted by helpmeclaim
The percentage may go up or down as the case progresses as the Solicitor has to do risk assessments as the case goes along hence if new evidence comes along and the claim falls below 51% chance of success they have to close the file.

This is interesting, so does that mean you may sign up to a solicitor and find half way down the line your risk changes and they close the case on you - but you still have to face the lender in court???



Yes i guess so for instance if the Solicitor gets a letter from the defendant which clearly shows the case would fail if it went to court or even a good chance it would fail they would then do a risk assessment and if it fell below 51% chance of success they would close the file and you would be on you own.

Negligence on behalf of the Solicitor may come into play if it was something that should have been picked upon right at the beginning

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

The percentage may go up or down as the case progresses as the Solicitor has to do risk assessments as the case goes along hence if new evidence comes along and the claim falls below 51% chance of success they have to close the file.

This is interesting, so does that mean you may sign up to a solicitor and find half way down the line your risk changes and they close the case on you - but you still have to face the lender in court???

[Amethyst]

Re: Cartel using Burleys solicitors ?

Does anyone have any numbers as to successful case's and lost case's.

I see all these company’s taking money but you don't seem to hear about successful claims.

Are any stats in regards to this available?

That is the question

Theres the odd shouted about case- One settled out of court, the SPML defended mortgage one, and the Leeds Mitchell v HBOS one - havent seen much else coming from these companies barring unbacked up testamonials. Of course many will settle out of court but still you'd have thought they would publicse these unless bound by confidentiality etc.


Frustrating thing is we know it works for people (without having to pay out or use solicitors) just on letters etc getting debts written off using the CCA as it is valid.