Cartel using Burleys solicitors ? NOT ANY MORE :-D

[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.

[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 ?

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 ?

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.

[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 ?

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

[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...

[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

[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 ?

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

[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 ?

People leak them as a marketing exercise, basically, and cynically. I think My Claims Supermarket were responsible for that one being publicised (don't quote me on that tho). The Leeds one, Ratio Money (ditto). They usually end up being reported in the press - such as the settled on the steps 15k one.

With the SPML one there was a fair bit of hoo haa afterwards as Judge Halbert started talking about test cases. Theres 52 cases to be tested apparently although the MOJ have just removed their press release saying that so have written to ask them why. Actually as I recall MCS emailed it to me to counter the test case scenario which was looking as though it may threaten to shut down CCA cases temporarily much like the bank charge cases.

Theres also some coming up in court of appeal, but other than they involve CCA and basically who is involved I dont know any more.

Theres not many about. Suppose it keeps people interested to let one out every now and then (theres the cynical part) and a lot of pre court settlements will be subject to confidentiality.

Just keep eyes and ears open, read inordinate amounts of stuff and keep an eye on the consumer forums (people involved do post about bits and bobs on ocassion), main CMC/solicitors news pages, vertical finance forums and network marketing forums.

oh court of appeal ones and anything in high court will be on the judiciary sites when they come up.

so nope no inside track, not from me anyway lol.

Simples lol.

If ur looking for lists of CCA cases then they are all over the place - not a lot recent (last few months) though.

[Amethyst]

Re: Cartel using Burleys solicitors ?

Reminds me, David Berkely QC replied confirming Ratio have recently retained him for training.

Easier to paste.

Thank you for your message.


I can confirm that I have recently been retained by Ratio Money to provide training services and to assist them in the development of their model.


I am not employed by nor have any financial interest in Ratio Money and remain an independent practitioner in this field.


This I hope will clarify the position.


Regards


David

[TUTTSI]

Re: Cartel using Burleys solicitors ?

Very interesting, so what model are they developing? lol a model CMC!

'I can confirm that I have recently been retained by Ratio Money to provide training services and to assist them in the development of their model.'

[enaid]

Re: Cartel using Burleys solicitors ?

Very interesting, so what model are they developing? lol a model CMC!

'I can confirm that I have recently been retained by Ratio Money to provide training services and to assist them in the development of their model.'

Being 'Retained' can also be quite beneficial.....

A retainer agreement is a work for hire contract. It falls between a one-time contract and full-time employment. Its distinguishing feature is that the employer pays in advance for work to be specified later. Additional contracts regarding the performance of this work may also apply.
It is common for a person seeking the services of a lawyer to pay a retainer (aka "retainer fee") to the lawyer, to see a case through to its conclusion. (In addition to the retainer fee, a client will often agree to pay the lawyer a percentage of any settlement the client might be awarded by the court.)