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Personal Injury Solicitors Affected By No Win No Fee

In the past ten years the advertising of personal injury solicitors by insurance companies featuring mundane accidents has become unavoidable. Everyday minor injuries such as whiplash, slipping or falling are constantly on our television sets.

The message these adverts try to portray is the following: you can take legal action to right a wrong with very little risk of incurring costs. By simply dialling an 0800 number you can be well on your way to a healthy cheque as well as exacting retribution on a careless employer or branch of government. The age-old stereotypes of hiring a solicitor where the claimant’s first port of call is a dusty office over a shop is long gone out the window.

What has caused this relatively dramatic change? The most likely answer seems to be conditional fee agreements (CFAs), or no-win no-fee deals. These were first allowed for a range of court cases in England and Wales in 1995, with Tony Blair’s government in 1998 deciding to extend these to all civil cases, with the exception of action in the family courts.

At the time, then-minister Geoff Hoon said: “No-win no-fee conditional agreements will result in better access to justice. Access will be given to the many people who fall between those who are very rich or those who are so poor that they qualify for legal aid.

“In future, the question of whether one gets one’s case to court will no longer depend on whether one can afford it, but on whether one’s case is a strong one.”

The 1999 Access to Justice Act, which came into force in April 2000, drastically increased the attractiveness of no-win no-fee deals as judges could make the losing side shoulder the extra costs associated with conditional fee cases. These are the “uplift” fees charged by solicitors, an increase on normal fees to compensate for the possibility of loss and therefore no fee, and the insurance premiums paid to protect against the other side’s legal costs in the event of defeat.

In addition to these policies, legal aid for personal injury cases was also abolished, making a conditional fee agreement many people’s only hope of justice.

The changes in the law have fuelled an enormous amount of negative press stories about the legal industry, particularly in its most reported sector, personal injury.

Headlines like “Legal ‘vultures’ are making £2m out of the NHS each week” or “Compensation culture is killing equestrianism” or “Compensation culture wrecking small firms” comprise a large part of the media’s focus.

The suggestion is that grasping lawyers vastly inflate their fees for no-win no-fee cases, leading to a drain of public funds.

Martin Bare, outgoing president of the Association for Personal Injury Lawyers, denies this. “There is no gravy train. The perception arises because people don’t think that for the cases that you win, there’s another that you lose, for which you get nothing.”

Lawyers blame this public perception of the compensation culture at the door of claim management firms. Typically, these are not staffed by solicitors, and instead act as middlemen, passing clients on to lawyers. The changes to the law made it desirable to advertise their services on television.

“That then gave them a model where they could afford to bombard you and me with endless advertisements,” says Mr Bare. “That is what makes people believe that there is a compensation culture.”

However, the statistics of personal injury claims do not necessarily back up the idea of a compensation culture. Cases involving accident and disease are notified to the Compensation Recovery Unit of the Department for Work and Pensions, as part of efforts to recoup disability benefit and NHS treatment costs from the party responsible from the injury.

Sofia is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Personal Injury Solicitors Affected By No Win No Fee / Author: Sofia Abasolo

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Separation – A Precursor to Divorce

Before a couple seeks divorce, separation is the usual precursor. There are a number of things couples need to do before seeking a divorce settlement. From finding the right attorney to getting your finances in order, a number of divorces have long periods of separation before they are finalized.

In order to be allowed to divorce a spouse, most states require a separation first. In many states, you have to be separated from your spouse for a particular amount of time before you can start a divorce proceeding. This means that you have to actually be living in separate places, not just sleeping in different beds within the same dwelling.

Most of the time separation is voluntary, although desertion does occur. When a spouse leaves with no intent to return to the relationship, it is referred to as desertion. When a spouse forces the other spouse to leave, like in cases of abuse, it is known as constructive desertion. Since, in this case, leaving is a necessity for the safety of all involved, the court will not accuse you of desertion.

Of all the proceedings that occur during a divorce, separation is usually the beginning. Separation is intended to give both spouses the opportunity to divide up personal property and figure out who will live in the marital residence. When children are involved in a divorce settlement, the separation period is when parents choose where the children will live. It can also be a time when parents discuss custody issues such as whether or not joint physical custody is a possibility. Other things can be settled during the separation period as well. Spouses need to choose between vehicles, pets, furniture, or even electronics. When the separation period is over between two people and no plans of reconciliation are possible, then both spouses need to begin consulting with their attorneys.

During the separation time before divorce you can get your personal finances in order. This is very important because, if your ex-spouse is unable to make payments on anything in the future, it will prevent creditors from coming after you. You may have to give your attorney a complete account of your finances, including all liabilities and assets. You should also tell your spouse that you are canceling all joint credit card accounts, opening new ones that are only in your name.

You can have any stocks you own reissued in your own name as well. If you both used the same broker for your accounts, it is wise for you to look for a new one. You will need to make changes to your will or trust in order to remove references to your spouse. Write down all the changes, make copies of any documents, and record them into a file for the divorce settlement.

When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process.

Charles Sellestor has counseled many couples who believe divorce is the only answer. Before finding Sacramento divorce attorney, he recommends a time of separation to try to work out any issues. While the couples still need to look for a QDRO like Keegan & Myers, more marriages are saved through a time of agreed upon separation.

Separation – A Precursor to Divorce / Author: Charles Sellestor

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Use No Win No Fee Agreements To Claim Back Bank Charges

Since the Unfair Terms in Consumer Contracts Regulations Act of 1999 any penalty charges which your bank issues have to fairly reflect the cost to them. In other words, the bank must not make a profit from penalty charges.

As we all know, most banks have not been operating according to this rule. Many charge as much as £30 for exceeding your overdraft limit, much more than the cost to them.

If you have paid these unfair charges to your bank you can claim back all the money they took from you unfairly in the past six years. For many people, the amount the banks have charged to them unfairly runs into the hundreds, if not thousands, and is well worth claiming back.

Do not fear lengthy and expensive court battles as most banks will do all they can to prevent the matter reaching court. Do not be put off by the complexity of claiming back this money as there are people out there who can help you at no charge to yourself.

Since the unfair charges have come to the forefront in the media, many companies are offering to represent and assist with claiming back unfair bank charges on a ‘no win no fee’ basis.

These companies will assist you every step of the way, working out how much you are owed, drafting letters to your bank, threatening legal action and representing you in court.

All of this at no cost to yourself as the claim will be carried out on a ‘no win no fee’ basis, meaning that you pay nothing in the event of a loss. In most cases, you will not pay anything in the event of a win either, as the legal costs are retrieved from the losing side.

In many cases, your bank will extend to you a partial offer. A partial offer is exactly what is says on the tin-merely a proportion of the money you are owed. Your ‘no win, no fee’ solicitor will advise you on whether to accept. In most cases, you should turn down any partial offer, as legally, the bank has to pay back all of the money you are owed.

If you are thinking about pursuing a claim against your bank for unfair charges, do not hesitate. The longer you wait, the less money you will potentially receive, as you can only claim back for the past six years.

You can start proceedings by going back over past statements and working out how much your bank owes you. If you do not have six years worth of past statements, you can write to your bank requesting your past bank statements. They should then send then to you free of charge.

After working out how much your bank owes you, draft a letter to your bank mangers explaining that you want your money back. There are many sites on the internet where you can find examples of what to include in this letter.

If working out how much you are owed and composing a letter to your bank feel beyond you, do not let this matter go with your bank. If you are owed money, you deserve to receive it. Hire a no win no fee solicitor to do all the hard work for you and get back the money which is rightly yours.

If your bank refuses to return the full amount owed to you, threaten legal action. If you reach the stage where you are threatening legal action it is a good idea to seek legal advice. A no win no fee solicitor is the bets option as a regular lawyer may charge you more than the money you are actually claiming back.

As a final resort you may have to take the case to court. However, this is extremely unlikely as the cost to the bank of going to court will be far higher than any compensation they owe. The publicity that a court case would attract would cause great damage to the banks reputation also. No bank has as yet taken any request for unfair bank charges to court.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Use No Win No Fee Agreements To Claim Back Bank Charges / Author: Carys Robshaw

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No Win No Fee Swindle

Stanley Porters was a company offering to secure compensation for its mistreated customers. It promised to secure compensation on a no win no fee basis for people mistreated by their banks. It would take the stress off innocent customers and chase the big corporations up on their mis-sold endowments, payment protection policies and unfair bank charges.

Thousands of hopeful victims of the banking industry’s failure to treat them fairly now placed their trust in Stanley Porters. They paid deposits to the company which would be returned to them in the even that their complaint against their bank was not upheld.

Ann Smith was one customer who took advantage of their no win no fee offer. She paid a £350 deposit for them to investigate her mis-sold endowment. She has been waiting to hear from them for over a year.

“They took all my details and proceeded with the application. I’ve heard nothing from them for more than a year.” Says a distressed Ann.

The reason Ann has not heard from the company is because they went into liquidation last year. They owed more than £500,000 to their hopeful customers. Over 1,300 people had paid £300 or more in deposits to Stanley Porters.

Lee Wilson was the company’s liquidator. He appeared in adverts for the company persuading people that he was to be trusted. He billed himself as a campaigner for justice in the fight against unfair treatment by large companies. Unfortunately for his customers he turned out to be quite the opposite.

When Lee Wilson was questioned about the deposits, Mr Wilson was adamant that customer’s deposits were not in danger. In reply to the question, ‘are they in danger?’ he replied defiantly and highly unprofessionally, exclaiming “are they heck!”

Despite Lee Wilson’s angry assurance that deposits were not in danger, the liquidator has not produced any of the money. It is not only his customers Lee Wilson has treated with disrespect. Shortly before the company collapsed, he texted four of his employees, informing them that they were out of a job.

His misspelled text sent to four employees in Chester read “Due to the lack of professionalism and poor overall performance of the Chester office, I hav no option but to let u go.Ur pay wil be calculated and paid on pay day. U are not required to go into the office. All belongings wil be sent to u.”

So far they have not received any pay from Mr Wilson. It seems that Mr Wilson is otherwise occupied, as after the collapse of Stanley Porters, he has resurfaced, setting up another company which offers no win no fee settlements. Again it deals with mis-sold endowments and unfair bank charges.

This company is called Carter Miller & Co and claims to have “100 per cent success rates on claims for your bank charges, mis-sold endowments, Serps pension claims and PPI insurance protection claims.”

Interstingly the company advertises itself as helping people in the fight against “greedy banks and institutions with their runaway charging schemes and cash-grabbing scams.”

When the Mirror attempted to contact Carter Miler & Co to discuss their links with Stanley Porters and Lee Wilson’s background in his own cash grabbing scams, they were told that all claims handlers were busy and someone would get back to them.

As with Mr Wilson’s other customers and jilted employees, the Mirror then heard nothing.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

No Win No Fee Swindle / Author: Carys Robshaw

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Slip At Work Ends In Severe Burns

Heather Turner-Lunn, head chef was walking through the kitchen one day at work when she slipped on a wet floor. This may not have been a serious accident except that someone had emptied the deep fat fryer and left the oil in a container on the floor to cool.

As Heather Turner-Lunn fell she skidded towards the container and ended up landing with her arm submerged in the hot oil. Although it had been cooling the oil was around 120 degrees Celsius when she landed in it.

Her arm was severely burned and she was left with horrific scarring. Ms Turner-Lunn received £10,000 compensation for her injuries.

The pub where the accident occurred, the Weaver Arms in Gloucestershire, was found to be operating unsafely, not giving members of staff appropriate training and direction and not following adequate safety measures to avoid such accidents. For this reason the pub owner, Marston’s PLC was fined £10,000.

This may sound like a freak accident, but a similar accident took place in another establishment a few months previously, this time in Leicester. In this case, McDonalds was fined £20,000 and ordered to costs which equalled to nearly £19,000.

In the kitchen at McDonalds a worker slipped on a piece of card that was being used to soak up hot oil. As she fell she put out her arms to break her fall and her left arm was submerged in boiling hot oil.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Slip At Work Ends In Severe Burns / Author: Carys Robshaw

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