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Urgent help needed! Unenforceable contract?? :(

n00bhere
n00bhere Posts: 1 Newbie
edited 21 January 2019 at 2:56AM in Benefits & tax credits
Hi there!
Thanks for reading - I am new here so I have no idea if I'm posting in the right forum but any help anyone can offer would be much appreciated.

A little back story - I have been fighting to get the right benefit entitlement for years (health problems and also autism), and the DWP took my benefits away entirely last year, saying I was fit for full time work, which is not true - however, my question isn't really about that.

As I was so tired of dealing with them and getting to the point where I don't think I could handle it any more mentally, I got a solicitor involved. Turns out, this guy may not be who I thought he is, and I am potentially in a lot of trouble as I signed a contract and an authority to represent.

I haven't heard from them in months, and I have contacted them several times with urgency as my financial situation is critical - no reply, completely ghosting me.

HOWEVER, when I signed and sent the contract back, (over email) I didn't actually fill in the "Client Party" section - name, d.o.b, address, phone numbers etc. I only discovered this tonight as I was pouring over the contract.

What I need to know is, DOES THIS MAKE THE CONTRACT NULL AND VOID?

Yes I've signed it, but technically I didn't declared myself as a client. The company did not inform me of my mistake. In fact the last time they were in contact was to send me the contract, I've heard nothing else since.
I actually received a letter from the DWP recently about a refund for an overpayment I made, which I've received - if the solicitor had sent the DWP the authority to represent letter I signed, surely that refund letter should have been sent to him and not me!?

If I cancel the contract early I need to pay a fee (absolutely cannot afford to pay it) and I'm feeling really, really stupid about the whole situation, but I was so desperate, I had no where else to go. I was having some major mental health struggles at the time and if I'm truthful I really wasn't in any sort of state to be signing anything anyway. I completely trusted this person after a phone consultation and they swore they could help me.

Any help anyone can offer would be very much appreciated, thank you so much for reading!! :)

Comments

  • Minor slips like that rarely void a contract, the errors can just be corrected later.

    If I were you I’d write again stating that you do not wish them to act for you, citing the lack of progress and contact.

    Mention that you were having mental,health issues when you signed, and suggestbthat they close the book on your strange,ent.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 January 2019 at 6:48AM
    Have you tried the National Autistic Society (NAS)? They may have a local office that will advise you.

    Autism Helpline opening hours
    Our Autism Helpline provides confidential expert advice and support on autism for autistic people, their families and friends.

    Our lines are open 10am-4pm from Monday-Thursday. On Fridays, we are open from 9am-3pm (excluding Bank Holidays). You can call us on 0808 800 4104.

    Alternatively, you may also contact the Autism Helpline via our online enquiry form


    They have helped me so much, even down to helping filling in forms. I know from hard experience, you fill in the forms one way, not understanding what they are looking for, you fail, do it another way, you have more chance of success. I built up my case through the assessment/MR/Tribunal process. The CAB can help as well. I was refused PIP but went to a tribunal and was awarded enhance care and mobility. There is supposed to be a 71% success rate if you go to Tribunal. Very low on original assessments and MR stages.

    They may be able to advise re the contract.., or the CAB might. What sort of help did the lawyer firm offer? You don't normally need a solicitor to help claim benefits, unless you have been to tribunal and you feel they have made an error in law in their decision?
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I maybe wrong here but even though you didn't put your name on it as a client, you still signed the contract. If you weren't the client, you wouldn't have signed it.


    There's no need pay a solicitor for benefits, as already stated. There's advice agencies who will help you for free. I think you need further advice regarding this and you need to speak to your local CAB.
  • Brian65
    Brian65 Posts: 255 Forumite
    If you haven't done so already, search their name and address on Google to see what comes up.
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