Legal advice sought

Discussion in 'Finance, Property, Law' started by Tango, Mar 2, 2010.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. Following an accident, my other half was contacted by lawyers that her insurance company had (presumably) hired to see if she wanted to make a claim for compensation. Originally she decided that she did, and was sent a paperwork pack.

    However, in the meantime she has decided that she no longer wishes to pursue this claim, and told one of the lawyers (in a telephone conversation) that she didn't want to take it any further.

    All good, until recently when she received a letter saying that if she didn't pay them x amount (not specified in the letter), then they would 'pursue the claim via legal means' (not exact wording). By this, they meant pursue HER for the money which they believe they are owed, even though she did not ask them to 'take up the case'.

    My question is, what's the best course of action? Any advice appreciated, she's in a real state about it.
  2. I would imagine one of the best things to do would be to get an emergency/priority appointment with a Citizen's Advice Bureau Advisor. Some offices have specific days for specific issues (debt, housing, families etc.) while they have other days for drop-in sessions. Some offices allow anybody to come in at anytime to talk about anything they need to. Or, if you have the means go and speak to a solicitor, preferably one that deals with personal injury claims....or, there may possibly be an Army Legal Advisor that you could get in contact with?

    I would imagine that they would have had to have told you that they were giving you legal advice-and charging you for it! Otherwise, you could argue that you were being given pro bono advice! Best try to get as much written evidence as possible to back up your claim. If your partner didn't sign anything to say that you are taking their advice, you should be in a good position.

    Hope it all goes well for you!
  3. Not a legal opinion but...I'd give the original insurance company a call asking why they are employing sharks like this, causing more distress than the accident etc.. With any luck, they are breaking some rule or other and may assist and call them off or pay for the work. You may get a speedier result than legal means.
  4. Did she sign any sort of agreement with this company re going for the previously mentioned claim?

    If she has never signed anything, then what rights can they have to go at her?

    Not from a knowing the rights and wrongs of the legality, but surely she would have to have entered a contract with them, for them to have any rights to request payments from her?

    This sounds more like a scam type "we know more than you do about legal jargon and will try to get some cash from you sort of bollocks", scenario.

    But then saying that, in this day and age, anything is possible.
  5. What was in the "paperwork pack"? And what was sent back to the solicitors by your missus (if anything)?

    As other posters have indicated, establishing a contractual relationship with a solicitor can be quite difficult. Money laundering checks, the firm making inquiries as to whether it has any conflict of interest with the other side, the disclosure and acceptance of fees and terms etc...
  6. Small updated: apparently she did sign something asking them to carry out work on her behalf, but she's not sure about the details. I'll endeavour to find out more at the weekend.
  7. If you sign something to ask someone to do work on your behalf you have to pay, most lawyers in this type of case charge around a hundred an hour. Just based on personal experience not a legal expert.
  8. Absolutely, in this type of cases the lawyer's have a high rates. It would be because of it which you have received the letter. You should first find out what was exactly written in the paper that your wife signed. The proceedings would depend on the content written in the letter she signed.