immoral procedures and dodgy solicitors?

Kins

I will cut a long story short. I had building work done to my home but the contractors never actually finished, and they caused some damage whilst they were there. Whilst they ticked the boxes it turned out they were cowboys. A typical story - they have taken advantage of my good nature

I have tried to get them to return, but they do not respond to emails and peddle nonsense when I speak to them on the phone.

I guess their approach is to intimidate ladies of a certain age!

I have just received a letter explaining their position. To my surprise this letter is a seven day notice letter from a solicitor in Hereford who has decided to represent the bunch of quasi criminals.

Clearly the solicitor is more adept than the cowboys. He will not respond to phone calls on his landline. He will not respond to the message I have left on his mobile phone. He will not respond to the email I have sent him. Meanwhile the seven day notice is ticking. I am of the opinion this solicitor is setting me up.

Is this a dodgy practice that is used by cowboys and dubious characters? I do not know as I live miles from that area of UK. In fact I am at a loss to know why this practice is even involved in this case. The contractor's office is in the next county!

Fellow forum members please come to my aid. What should I do?

macman

There's no requirement to use a solicitor in the same town or county (mine is approx 300 miles from where I live). The contractor can employ whoever he wishes-that alone does not make them 'dodgy'.
How can anyone advise you, since we don't really know the nature of the dispute, or the contents of the letter?
PS: you might want to reconsider mentioning the contractor by name as a 'quasi criminal', since that is potentially libellous on a public forum.

Biggles

It appears that the name in the subject header is that of the solicitors, rather than the 'quasi criminals'. it's not really suspicious that the letter isn't from a local office.

I don't know what a 'seven day notice' is. Have the builders sent a bill? Are they aware they need to return?

Leif

It sounds like you need proper advice. You could try the Citizens Advice people.

In my experience solicitors do not care about the truth, rather they act for a client, presumably in good faith. They get paid by the client, hence they are not acting in your interest unless you are the client. Hence the solicitor is probably acting in a completely reasonable manner, even though you do not see it that way.

Some questions you need to answer are a) what was the work they were contracted to do, b) is there a written contract/quote with costings, c) what have they done d) what is the value of the work they have done, and e) what is the value of the damage.

And you do not want to deal with them by email or phone. They can always claim that you did not phone them, or if you did, that you reached an agreement i.e. they can lie. They know that, which is why they ignore you. Use recorded delivery letters. Write to them telling them what you want them to do.

And as Macman says, noone here can comment without knowing details. Not that many of use can give proper advice since we are not lawyers.

The chances are they are trying to frighten you into paying them (I assume that is the issue in the letter).

Kins

macman wrote: »

There's no requirement to use a solicitor in the same town or county (mine is approx 300 miles from where I live). The contractor can employ whoever he wishes-that alone does not make them 'dodgy'.
How can anyone advise you, since we don't really know the nature of the dispute, or the contents of the letter?
PS: you might want to reconsider mentioning the contractor by name as a 'quasi criminal', since that is potentially libellous on a public forum.

I thought long and hard before using the term "quasi criminal". But a web search brought up references to the company and they were far from positive.

In my case the builders did trespass, did breach of the peace, did damage and intimidated and bullied. The police were involved after the building contractor was last working on my home. I documented this and the contractor has acknowledged receipt of these documents.

Consequently the solicitor must be aware of all this and I would say he is representing "quasi criminals".

I understand the general idea of libel. That is why I am not naming the contractor. But the fact remains the solicitor is representing a cowboy.

Ignorance is no excuse in law so the solicitor cannot even profess ignorance of what this company has done at my home.

So the polite and inoffensive response from me would be the solicitor is culpable of aiding a cowboy contractor.

I am guessing it is a case of money talks. so the solicitor is saying why let the truth stand in the way of my fee structure.

Kins

Biggles wrote: »

It appears that the name in the subject header is that of the solicitors, rather than the 'quasi criminals'. it's not really suspicious that the letter isn't from a local office.

I don't know what a 'seven day notice' is. Have the builders sent a bill? Are they aware they need to return?

The solicitor expects to hear from me within seven days. If not, I am assuming he will either close down the files or he will tell his clients he has won the opening round.

Now bear in mind that this "dispute" has been rumbling on for over a year:

As I see it , the solicitor has set a trap for me, He has waited until 31July then sent a letter saying respond within seven days. Take out the time for the Royal Mail then consider that many people are on holiday in August and this became impossible for me to comply with.

To further strengthen the solicitors case when I am back from holiday he does not respond to the calls and email.

I think that at best this is under hand behaviour, at worst it is unprofessional, immoral and downright dodgy.

Raggie

Why not just send him a note "you letter dated xxxx has been received, and its contents being considered. A full reply/response will follow in due course"....

However...

The solicitor is not the "boss" of you, just because he says "seven days" does not mean it is am instruction you must comply with.

He has no power to make you comply.

Advice above was to see citizens advice, I will add to that to say do you have legal helpline cover with your house/car insurance??

Do not let a letter like this stress you out too much.

All the best

Rags

mart.vader

Snap !
I had work done on my house but the Builders lost interest before the end, and, er, "Cleared Orf" leaving it unfinished.

As above, Don't bother phoning or emailing as this can so easily be denied. Send a LETTER. I have always said Recorded Delivery, but other posters say you should get proof of posting by 1st Class post from two Post Offices.

"Underhand behaviour, unprofessional, immoral and downright dodgy." Yep, that's solicitors for you.

Seven days to do what ? Accept an offer to settle ? Pay the Builders ? And what happens if you miss their "deadline" ?

Without knowing the details its hard to advise, but how about giving him seven days to get his client to pay you for the unfinished work, otherwise you will make a complaint to Trading Standards. (You can do this anyway, but TS probably won't take any action )

Kins

Thank you for the advice so far. Forgive me if I sound naive but;

When a solicitor meeets a client, then accepts an instruction, is there not a duty on the solicitor to give accurate legal advice to the client?

I am thinking along the lines of a Duty of Care and also professional conduct.

Solicitors belong to professional bodies. Are they really at liberty to mislead and distort the truth? Do they not have scruples? Do the senior partners not oversee, or check, what the staff do?

I thought there was a time , I accept some years ago, when a solicitor was a pillar of society. Have standards fallen so low that they are now on a par with snake oil salesmen?

Raggie

A solicitor can be considered as an advocate for his client, in that they speak on their behalf.

They receive instruction from and advice their client based on the information their client shares with them.

They have no duty to determine what the truth is or is not, or investigate if their client is truthful in the information being shared, we have the court system for that.

The solicitor can advice for or against any action but will ultimately do whatever their client instructs them to do (assuming it is not an illegal act... For that you need a certain type of solicitor)....

Rags

DavidJonas

A solicitor is essentially a paid representative. But they don't make the law. If a court gives you a deadline, take notice. If a solicitor does so, merely note it. Everything you to and fro with a solicitor is a preamble to either (a) you giving up, (b) them giving up, (c) a compromise or (d) court proceedings.

The real question is probably.. what do you want? Do you really want these alleged cowboy builders back to bodge some more? Or do you want a refund for the work they didn't do (to enable its satisfactory completion) and potentially compensation for the damage they did? Because bodgers or not if they have done some of the work they are probably entitled to some of the fee.

Assuming this is about money, how much is it? If the sum is worth hiring your own solicitor, consider doing so. If not, bitter pill as it is, it may be one for experience. Citizens advice would help I am sure.

Just like criminals are entitled to a lawyer, even cowboys are entitled to a solicitor. The Lady of Justice wears a blindfold.