Solicitor won't Release my cheque for RTA claim

jillkc68

It has taken 2+ years to get a settlement figure. As I explained my only reason for ringing constantly is because they keep saying 'we will ring the insurance company and ring you back with a response' . I have NEVER received a call back from them! This is the only reason why i keep calling. It will be 8 weeks on Monday since I received £500. Oh and where did this £500 come from. Who supplied it? My solicitor has aleady deducted his fees. The £8000 is my settlement figure. Oh and BTW the idiot who hit me wasn't prosecuted even though she was on the wrong side of the road overtaking a bus. Ho hum.

Paul_DNAP

davidmcn wrote: »

It's less than two months since the settlement was agreed, not two years.

Still far too long for someone else to hang on to my money without any good reason, so yes, I'd be visiting in person and waiting for an answer rather than getting fobbed off on the phone.

DoaM

jillkc68 wrote: »

Oh and BTW the idiot who hit me wasn't prosecuted even though she was on the wrong side of the road overtaking a bus. Ho hum.

How do you know? Maybe it was handled by points on her licence and a fine.

As regards the £7.5k balance ... are you suffering hardship due to the non-receipt? If yes then you should flag this to your solicitor.

You also mention following the solicitor from his own practice to a new practice ... did you get a new or updated Care Package at that time?

warby68

Manxman_in_exile wrote: »

After two years waiting for £7500 I think I'd be ringing every day!


OP - I'd contact them again and ask (or demand) an explanation for the non-payment. It's unacceptable that they can't give you an explanation after two years - even if it's just that they're waiting for the insurance company to pay up (in which case they should be chasing them for payment).


And while you're at it, ask them for a copy of their complaints procedure. When you've got it (or if you don't get it within a couple of weeks) make a written complaint to the firm detailing what you've done to try to get an explanation and that they've repeatedly refused to give one, repeatedly failed to return your calls etc.


When they took on your case they should have explained to you in writing(?) what their fees would be and you might want to ask what the current position on your account with them is.

She's phoned 12 times with no reply - that will be considered a nuisance by the staff answering the phone. That's why a different approach is needed and writing has been suggested by many.

Claims DO take years and even once settled the cash can take ages - it isn't good but it is the norm so still probably better not to go all guns blazing but keep the solicitor onside until you have the cash. I doubt the delay is with them anyway. Complain afterwards if its felt necessary. Flies, honey, vinegar and all that.

MovingForwards

The interim payment was just that, an interim payment. You don't know how long it took your solicitor to get that

They may not have received the final payment yet and that is why you haven't received it.

Years ago after my RTA I accepted an offer, my solicitor had drafted court proceedings and I had approved them as the TP solicitors were that slow raising the final payment. They coughed up just after my solicitor gave them notice they were issuing proceedings.

Another thing you could do is send an email to your solicitor, copy in the partner who oversees your solicitor and the complaints partner (all the details will be included in the engagement letter you originally received).

The subject matter should be Complaint - Ref No (insert our reference from their letters).

In the body of the email type I wish to raise a complaint..... and say why.

That should get a response.

All the firms I've worked in had the words complain, complaint and complaints automatically filter the email to the complaints partner so it couldn't get hidden and ignored

jillkc68

I was told by PSNI that she was being prosecuted for careless driving. Then suddenly she wasn't. They said her brakes failed. Not from where I was positioned they didn't. No witnesses interviewed. No CCTV viewed. I could have appealed but didn't.
Yes I am currently on sick leave from work and the money will be greatly received when it finally arrives.
I will wait now until Monday before contacting the solicitors office again only this time I will email and follow this up with a letter later in the week. For the record I didnt get any care package. Didn't know they existed!

Manxman_in_exile

davidmcn wrote: »

It's less than two months since the settlement was agreed, not two years.

Whoops! That will teach me to read things properly.:o

DoaM

PSNI = Northern Ireland. Not sure if that changes things?

Care package = letter of engagement. Basically it tells you their terms, conditions, complaints procedure etc. Didn't you get anything like this when you first engaged the solicitor? Did you get a new/updated one when the solicitor moved to the new practice?

jillkc68

I received nothing. After the accident the solicitor contacted me by phone and made an appointment for me to call to the office and that was that. I attended all relevant appointments but the only correspondence I ever received was copies of reports from consultants.
PSNI is indeed the Northern Ireland police service.
I wont be making a nuisance of myself anymore. I think i will just have to accept that the money will come to me at some stage and until then the most I will do is email or write a letter requesting an update and also mentioning the word complaint should my email and letter fall in deaf ears

a.turner

jillkc68 wrote: »

I was told by PSNI that she was being prosecuted for careless driving. Then suddenly she wasn't. They said her brakes failed. Not from where I was positioned they didn't. No witnesses interviewed. No CCTV viewed. I could have appealed but didn't.
Yes I am currently on sick leave from work and the money will be greatly received when it finally arrives.
I will wait now until Monday before contacting the solicitors office again only this time I will email and follow this up with a letter later in the week. For the record I didnt get any care package. Didn't know they existed!

Still on sick leave after two years and the payout is only £7500. Oh dear somethings not right there.