Claims Advisory Group

DBF1

maxdp wrote: »

Clarke hits greedy solicitors as he scraps no win, no fee deals;)

If you had read this article, you will have seen that it is aimed at Person Injury claims, where in 'no win no fee' cases, the solicitors client never pays any fee to the solicitor at all (even when they win the case). The fee is always paid by the defendant (or not at all if the case is lost).

In fact, Ken Clarke in this article says that Personal Injury claims will go the same way as PPI claims in future (i.e. the claimant will have to pay their own solicitors fees if they win the case):

"Britain will now move to a system in which lawyers take a share of the damages awarded to the winner – the same as the American system."

This is already how PPI claims are dealt with by solicitors.

Common_Sense_2

DBF1 wrote: »

I hate the bad press that Claims Management Companies bring.

I work for a firm of Solicitors (please don't hold that against me!) and we handle all types of legal work, including PPI claims. Unlike Claims Companies we're not actually allowed to cold call people - it's against the rules for Solicitors firms to do so.

Whenever we take on a PPI case, we advise our client that they can pursue their lender themselves, without the need for a Solicitor. Sometimes though, people prefer to have us do it for them. We don't charge any up-front-fee and if we are successful in the claim, our fee is 20% +VAT of any funds we recover, which I believe is fair. We don't have a base fee limit either, so if we only recover a small amount, our fee is small too (our lowest fee has been £14).

It annoys me that we have to compete with Claims Companies who give it the hard sell, charge up front fees and charge a high percentage when the case is successful.

My advice is always to handle the case yourself if you're happy to do so. If you prefer to have someone take on the case for you, then please use a Solicitor and not a Claims Company.

Joanne

I received 3 letters in the post yesterday from 1 solicitor. Each was 10 pages long detailing how, after a "detailed investigation and fact find with their clients", they beleived that my company had miss-sold PPI to their clients.

unfortunately for them - none of the accounts actually had PPI. :rotfl::rotfl::rotfl:

J_i_m

Talking about personal injury claims, yesterday (just as I were about to walk out my door to drive to work, so if I'm honest I was even less open to this kind of thing than usual) the phone rings, I forget the name of the company, but they asked me if they were speaking to my name, to which I naively confirmed, they then immediately assumed it was okay to call me by some nickname. So already I was quite wary of this call.

Then they started talking about me having been in a road accident a "couple of years ago" (very vague I thought) and that they could help me claim compensation approximately of four figures.

Now, and this is the funny part, I've never been involved in a road accident in my life, neither driving, as passenger or pedestrian. So since I literally had one foot out of my door to go to work I wasted no time in informing them of crucial little nugget of information.

"I don't understand" I replied, "I've never been involved in a road traffic incident in my life."

They seemed genuinely surprised at this.

"Oh really?!" they said in a high pitched tone of surprise "Are you sure?"

"Um..." I begun "I'd think I'd remember to be honest."

"Oh... ah.. oohkay, erm I'll remove your details from the system and you won't hear from us again."

I fully expect another phone call imminently :rotfl:. There's a important point in there to, firstly they didn't enquire if it was a good time for me to talk, they didn't ask permission to refer to me by a altered version of my name, yet in my experience this part is typical of cold callers. When CAG originally called me they told me that I had such a beautiful name etc, and this just struck me as such a blatantly transparent attempt to manipulate.

From now on, any phone call from any company, I'll always ask them what the phone call is about before confirming any piece of information. even my name.

marshallka

DBF1 wrote: »

If you had read this article, you will have seen that it is aimed at Person Injury claims, where in 'no win no fee' cases, the solicitors client never pays any fee to the solicitor at all (even when they win the case). The fee is always paid by the defendant (or not at all if the case is lost).

In fact, Ken Clarke in this article says that Personal Injury claims will go the same way as PPI claims in future (i.e. the claimant will have to pay their own solicitors fees if they win the case):

"Britain will now move to a system in which lawyers take a share of the damages awarded to the winner – the same as the American system."

This is already how PPI claims are dealt with by solicitors.

What significance will this have

http://www.legalservicesboard.org.uk/news_publications/press_releases/2010/pdf/23022010_abs_press_release.pdf

DBF1

marshallka wrote: »

What significance will this have

That's a good question! I think only time will tell as to whether allowing non-Solicitors to, in effect, practice in a similar way to Solicitors will be of benefit to the man on the street.

As long as we are all regulated as stringently as we are currently, then that's fine. With regard to more straightforward areas of the law, then it should be beneficial, as more competition should mean better value for the public.

That said, with more complicated areas of law, a lot of these firms coming in are likely not to have the required knowledge.

I think we will see non-solicitors firms specialising in Personal Injury, Conveyancing etc, but steering well clear of, say, Trusts, Probate etc.

maxdp

DBF1 wrote: »

If you had read this article, you will have seen that it is aimed at Person Injury claims, where in 'no win no fee' cases, the solicitors client never pays any fee to the solicitor at all (even when they win the case). The fee is always paid by the defendant (or not at all if the case is lost).

In fact, Ken Clarke in this article says that Personal Injury claims will go the same way as PPI claims in future (i.e. the claimant will have to pay their own solicitors fees if they win the case):

"Britain will now move to a system in which lawyers take a share of the damages awarded to the winner – the same as the American system."

This is already how PPI claims are dealt with by solicitors.

Talking about reading articles you stated in a post that "Solicitors are not allowed to cold call" and I replied with the following

maxdp wrote: »

No perhaps the Solicitors do not cold call they pay call centres to do so for them. I was told by a Solicitor when I demanded to know how they had got my name etc that they buy names and info from Databases and use call centres to make the initial contact.:D

I reiterate I can only base my opinion from my own experiences. I have recently had dealings on No Win No Fee basis with two Solicitors. They took two years and the case went no further because of their incompetence. One did not take out ATE Insurance. The other wanted me to change my statement . I would also have been charged disbursements which I understand are not covered under the ATE. Also if the Lender counter sues then you could have to pay out costs of around £20,000 from your own pocket.

If you lose the case and it is felt that you were a "bad witness" the ATE does not pay out so you are left with the costs.

dunstonh

In fact, Ken Clarke in this article says that Personal Injury claims will go the same way as PPI claims in future (i.e. the claimant will have to pay their own solicitors fees if they win the case):

However, the FOS penalises the company you are complaining about even if they are in the right. So, often complaints with no validity are settled as its cheaper to settle than it is argue the case.

With the pressure on the Govt to introduce a fairer system (and charging of fees to the consumer to go to the FOS was recently discussed in Govt), this may give that lobby some hope that if its good enough for the legal system then its good enough for the FOS.

DBF1

maxdp wrote: »

Talking about reading articles you stated in a post that "Solicitors are not allowed to cold call" and I replied with the following

"No perhaps the Solicitors do not cold call they pay call centres to do so for them. I was told by a Solicitor when I demanded to know how they had got my name etc that they buy names and info from Databases and use call centres to make the initial contact.:D"

This is interesting. I've never come across a firm of Solicitors buying a database list of names and employing a Call Centre to cold call on their behalf. My firm certainly have never done that, albeit we are nearly 140 years old and so probably behind the times!

We are very tightly regulated about contacting potential clients by phone. If we were to enter into an arrangement with a third party (i.e. telemarketers) that they would refer matters to us, we would have to have assurances from them that anyone they contact has specified that they wish to receive a call. It has to be that the person has 'opted in' to receiving calls.

As for your personal experiences with solicitors Maxdp, it sounds like you've had a nightmare. I don't work in Personal Injury (my area is Specialist Conveyancing, although I have handled some PPI work recently as Conveyancing has been very quiet), but I know that PI cases often drag on for months and years, often to judge the extent of injuries longer-term. There is a new 'fast track' system for PI cases, but it has many flaws in my view and too many cases are not able to be handled on the fast track system. That's probably a discussion for another board though.

maxdp

DBF1 wrote: »

This is interesting. I've never come across a firm of Solicitors buying a database list of names and employing a Call Centre to cold call on their behalf. My firm certainly have never done that, albeit we are nearly 140 years old and so probably behind the times!

We are very tightly regulated about contacting potential clients by phone. If we were to enter into an arrangement with a third party (i.e. telemarketers) that they would refer matters to us, we would have to have assurances from them that anyone they contact has specified that they wish to receive a call. It has to be that the person has 'opted in' to receiving calls.

As for your personal experiences with solicitors Maxdp, it sounds like you've had a nightmare. I don't work in Personal Injury (my area is Specialist Conveyancing, although I have handled some PPI work recently as Conveyancing has been very quiet), but I know that PI cases often drag on for months and years, often to judge the extent of injuries longer-term. There is a new 'fast track' system for PI cases, but it has many flaws in my view and too many cases are not able to be handled on the fast track system. That's probably a discussion for another board though.

No I have signed up to the TPS and have reported the firm to the TPS. I always make sure that I do not opt in or out of receiving calls. Once bitten twice shy LOL. I googled them and they were a well established older firm from Wales i was shocked. He said that they were allowed to buy Databases from companies going into administration. They then employed tele sales companies to make the calls. Although they had my name and address I have never personally had PPI (although I have helped claim it back for friends family etc).

They then sent out a pack of terms and conditions which stated in that pack that they would pay a referral fee to the company who referred my details.

Very confusing and not something I would think they should be involved in although in my personal experience nothing surprises me now.

dunstonh

This is interesting. I've never come across a firm of Solicitors buying a database list of names and employing a Call Centre to cold call on their behalf. My firm certainly have never done that, albeit we are nearly 140 years old and so probably behind the times!

The law society have warned off firms from doing this but some did get into bed with claims companies and are now getting into trouble for doing so.

It doesnt help that many claims companies tell lies all over the place. They lie to those that cold call. They put in complaints that contain lies and false information and no doubt when solicitors are brought in they get lied to as well.