Questions about Schedule 4 of POFA

D_P_Dance

This is pointless.  Why are you telling this OP to report BW to the SRA? 

Unprofessional conduct.  Conduct likely to bring the profession into disrepute.  Misleading..

 What breach of their STaRs has occurred? 

That durely is a matter for the SRA to investigate 

And of course a complaint has to be exhausted with the solicitor first before you can complain to the SRA.

That is not my understanding, this is hardly a matter for negotiation.  If you were burgled would you open a dialogue wityh the burglar? 

ihatetrump

Thank you all - payment made. now to the complaint.

Here are the BWL statements made through their Witness Statement and skeleton argument:




and finally:

Owing to the majority of the Defence failing to comply with CPR 16.5, but containing detailed technical submissions which are not believed to be within the Defendant’s knowledge or belief such that the Defendant has arguably made a false statement (CPR 32.14) supported by a statement of truth, the Claimant would: (a) Ask the Court to consider striking out all or part of the Defence;

Am I being unreasonable in my view that these comments are derogatory and wholly unprofessional and to place on record that I had 'arguably made a false statement (CPR 32.14) supported by a statement of truth' - does that constitute a defamatory statement in their Witness Statement?, and in fact aren't the yellow highlighted portions of their Witness Statement not in themselves false statements? - they are not suppositions or opinion but are being made as if they are statements of fact - and they are wrong.

Coupon-mad

I agree with you and the icing on the cake is that this is a template, thrown at consumers for using a template.

D_P_Dance

Am I being unreasonable in my view that these comments are derogatory and wholly unprofessional

I do not think so, ( but CM obviously does).

While I defer to CM in most matters on this board, when it comes to matters of judgement, (plrease note the "e"),  I do not think that I am being presumptious in disagreeing with her here.  I have held important positions in our Embassies and High Commissions overseas and in the FCO in London, and have considerable experience in advising Ministers on Consular and Immigration matters.  My advice is to complain in the stronest of terms, copied to your MP.

Coupon-mad

I do not think so, ( but CM obviously does).

That's not what I said. 

I said, to complain to the SRA there must be a breach of their STaRs (Google them).

D_P_Dance

And I say that you are wrong.  We are talking about a  complaint of unprofessional behaviiour, not a breach of their CoP.   Read this

https://www.sra.org.uk/risk/outlook/risk-outlook-2020-21/integrity-and-ethics/

ihatetrump

Although I have made my own arrangements ready to pay BWL based on their letter and the verbal communication during the hearing, I haven't yet actually released funds to pay. tomorrow will be day 13 after the hearing and I have heard nothing from the court in writing. The verbal directive was payment within 14 days. Is it unusual to have to wait for so long for the confirmation in writing? I know that the outcome will not change, but I hate with a passion having to pay this CCJ without having received a written judgement - am I being pedantic and paranoid?

gadjo

Have you rang the court and asked for their advice?

Coupon-mad

I'd just ring and pay.

Le_Kirk

ihatetrump said:

Although I have made my own arrangements ready to pay BWL based on their letter and the verbal communication during the hearing, I haven't yet actually released funds to pay. tomorrow will be day 13 after the hearing and I have heard nothing from the court in writing. The verbal directive was payment within 14 days. Is it unusual to have to wait for so long for the confirmation in writing? I know that the outcome will not change, but I hate with a passion having to pay this CCJ without having received a written judgement - am I being pedantic and paranoid?

gadjo said:

Have you rang the court and asked for their advice?

Coupon-mad said:

I'd just ring and pay.

Do not miss the cut-off date, that way lies CCJ on your credit record.