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Excel/BW Legal - Defendant is not RK

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  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 3 May 2017 at 11:01AM
    Would love to know what their win-lose ratio
    Unfortunately most people don't find their way here or to any of the other forums. They do one of two things - panic and pay up or bury their head in the sand. Then there's the other group who end up with a default CCJ without ever knowing that a claim had been issued against them.

    I read that PPCs only need to win one in five cases in order to turn a profit and, due to the above, the ratio is almost certainly much higher than that. That said, the vast majority of defendants who are assisted by this forum will prevail in court.

    The private parking companies make up their own rules, the industry is unregulated so they are a law unto themselves. As long as that remains the case they will make hey while the sun shines... and we'll continue to be a thorn in their side.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 3 May 2017 at 11:00AM
    That said, I do have rights of audience and it troubles me that unsupervised staff are regularly 'sent into bat' to undertake what is a regulated activity.

    I well remember being summoned to a County Court nearly 20 years ago over a RTA. Both sides we represented by very young barristers, paid for by huge insurance companies.

    My chap was hopeless, he did not even know who was driving. The other barrister, a young lady, asked me a long, complicated, possibly subjective omni-question. Mischieviously, I asked he to repeat the question, and she fell apart.

    I won, (as I should have), but I think that I would have done so more easily without legal representation.

    Why do not barristers acquaint themselves with the case before they take their seat in court?
    You never know how far you can go until you go too far.
  • A good barrister always will. The majority of LPC/Elms type advocates are basically just part trained.

    Obviously any instructing party not witnessing the quality of their advocates are less able to sort the wheat from the chaff.

    Maybe you had a bad experience? The experienced barristers I instruct (albeit in rather bigger cases than those in this forum) are meticulous or they get no further work. Simple.
  • Matthew87
    Matthew87 Posts: 64 Forumite
    10 Posts
    Miss D-T told me that she received all her paperwork/instructions on Friday, as it was a BH weekend. She said that sometimes she gets everything the morning of the case(s).

    Imagine being given BW Legal's atrocious paperwork/evidence the morning of a case?? Ambulance chasers giving their advocate's hospital passes!
  • See above under commoditisation.

    FWIW That's long enough to prepare for a short hearing - but only if the papers are good enough.

    I *hate* the expression ambulance chasers. The injured are perfectly entitled to pursue their claims, using whomsoever they choose to represent them.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I *hate* the expression ambulance chasers. The injured are perfectly entitled to pursue their claims, using whomsoever they choose to represent them.

    Of course they are, but please explain to me why I keep getting 'phones calls about a minor bump my car suffered in a Tesco car park some five years ago whilst my wife at the fish counter.

    IMO the term "Ambulance chaser" could not be more apposite.
    You never know how far you can go until you go too far.
  • I get that too The Deep. A lorry reversed into me at about 1 mile an hour 3 years ago doing some damage but absolutely no chance of any injury. But I'm still getting those nuisance calls - the last one just 6 days ago. But the problem here is that insurance/loss adjuster companies sell on our information in return for money, not that there are ambulance chasers - this is a scandal and I don't understand why it isn't a DPA breach for my details to be sold on in this manner. My claim was simple, yet I had to deal with 3 different companies, the insurance company used a local company to come and inspect and then there was a separate company which organised the repair/payment. It was not a joy to behold, and one of the !!!!!!s then profited by selling on my details.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • I agree with Jonersh. As solicitors in private practice with clients who can afford to pursue/defend cases correctly, we do everything properly and we choose barristers we know are good and we send them their instructions in time. The barrister will only ever be as good as the solicitor: we do the preparation and the paperwork and we give them their instructions. If they get rubbish/late instructions, then that is our fault and they can only make the best of a bad job.


    The likes of BWL and Gladstones don't really know or care that the advocates they are sending in are incompetent. It's just a numbers/profit margin exercise - so they choose the cheapest they can and spend as little attention to preparing and passing on the paperwork - as long as they win a few then everyone still makes a profit.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
    10 Posts
    I've not had anything from the Court/Judge yet, but a cheque arrived yesterday - £118 from BW Legal.

    Very efficient of them :)

    But that got me thinking about the financial side of things... how does the relationship between Excel & BW Legal work? Who gets the money if they win/who pays if they lose etc? Who paid Miss Devans-Tamakloe? And does she get paid win or lose? Etc etc
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Miss D-T gets paid by BWL regardless of what happens.

    BWL get their fee from Excel regardless of what happens.

    Excel get the court judgment if they win, but they still lose out anyway. (The actual total cost of bringing the claim always far exceeds the amount of judgment - by several hundred pounds). :)
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