COUNSELS ADVISEgreenspun.com : LUSENET : Repossession : One Thread
THE ROYAL & SUNALLIANCE HAVE BEEN CHASING ME FOR JUST OVER A YEAR NOW AND TO DATE HAVE NOT SUPPLIED MY MIG OR ANY OTHER DOCUMENTS THAT HAVE BEEN ASKED FOR .THEY KEEP ON CLUTCHING AT STRAWS AND I SEEM TO BE GETTING NO WHERE FAST . MY SOLICITOR NOW SAYS THAT I SHOULD SEEK 'COUNSELS ADVISE' FROM A BARRISTER . FROM HERE I WOULD HAVE A BETTER GROUND TO BASE MY ARGUEMENT .THIS ADVISE IS GOING TO COST AROUND £200 . DOES ANYONE THINK THAT IF THE RSA ARE TOLD THAT A BARRISTER DEEMS IT THAT THEY HAVE NOT GOT MUCH OF A CASE THAY WOULD GIVE UP THE CHASE ? I HAVE MY DOUBTS AND DONT HAVE £200 TO SPARE . THE RSA HAVE BEEN TOLD THAT UNLESS THEY PROVIDE THE DOCUMENTATION ASKED FOR THEN WE WILL CEASE COMMUNICATION. THEY HAVE REPLIED WITH OFFERS OF LOW SETTLEMENT FIGURES AND EASY REPAYMENT TERMS . DOES ANYONE THINK THEY REALLY INTEND TO TAKE ACTION , I'M CONFUSED, SURELY IF THEY HAD A GOOD CASE THEY WOULD HAVE TAKEN PROCEEDINGS BY NOW.
-- R.KING (BIGRED@gsxr60012.freeserve.co.uk), March 22, 2001
My advice is don't waste your money. It is up to the RSA to provide the documentary evidence to support their claim. If they refuse or do not have it then they CANNOT succesfully take you to court. If they actually did start proceedings then you can get the documents using discovery and, if they actually have a case, discuss settlement before the case comes to court.
As you know I am being chased by the same lot as you but since I last mailed you the solicitors and debt agency have both returned the file to RSA to put the ball in their court. This tells me that they cannot have a case otherwise why have they ignored my letters and why have they returned the file.
The only communication from the RSA - and I hope they are reading this - was to my MP where they said I had admitted contact being made in a telephone call to them. This is a bare faced lie and in my opinion a desperate idea from them to try and get me to play ball. I have never contacted them and the RSA have never contacted me directly.
Stick with it, don't (in my opinion) waste your money on a barrister, keep politely asking for documents and clarification of what they are saying. It is unlikely they will ever give you everything you ask for so just keep asking. They are a pain but one which will, in time, go away. No one can simply say you owe me £xxxxxxx and expect you to pay it without PROVING the debt is just.
Good luck, and keep up the fight. Don't let the b******'s grind you down - that is what they are hoping for.
-- Matt (email@example.com), March 23, 2001.
Just because the claimant must prove their case and supply the necessary documents - that is no reason why you should not do your own homework and see where you stand legally.
The other side do not need to know that you've seen a barrister - but if they do know, they at least are aware that you are taking the matter so seriously that you're prepared to seek such advice. If their claim is weak, as most of them are, then knowing that a barrister is involved, could well push them to an early conclusion and a more realistic shortfall amount.
Lenders and insurance companies pursue their claims with the assumption that the ex-borrower doesn't know their rights or what the legal requirements are when pursuing a claim. Time and again, ex- borrowers have come to this bulletin board, and its the same scenario - the lender bullying them into thinking they owe the money and that they must pay up. Luckily, this site tells them this is not the case and what they can do.
But at the end of the day, none of us are solicitors. What we know has been found out through sharing experiences and research. Where questions are raised, then it makes sense to ask the person with the knowledge.
If your solicitor advises that counsel's opinion is whats needed, then go for it. If you don't then then dump your solicitor - you're wasting money paying for his time when he's unable to provide you with the resources for answers.
-- pendle (firstname.lastname@example.org), March 23, 2001.