solicitors

[xant14]

How do I find out who solicitors work for?

A brief explanation, almost 2 years ago, there was an incident at work in which I ran over a guys foot with a machine I was driving.
I was employed by a company (now dissolved) who were I imagine fully insured.
I was competent and held the necessary ticket for the machine.

A couple of weeks ago I had a letter from some solicitor, asking me to get in touch, re - the other lad seeking compensation. I think I binned the letter.

2 days ago I got a phone call from this solicitor. And she seemed to take a different stance, in that she said she wants to represent me, and is working for my insurance company and followed up with a letter for me to sign, to allow her to act for me.

I am suspicious though. I cant remember the full ins and outs of the first letter from a couple of weeks ago, but I and the missus read it as if she was representing the injured party.

How can I find out who she is actually representing? Has she got my best interests to hand?

Is there any legal eagle in here that know how these things work? and where I can get information. As I say, my old company is now dissolved, and I have no contacts with the senior management.

[Meat-Head]

M-H would look it like this susspose it was 'your fault' the inident occured
(big machine hard to control, small foot easy to move!).

Susspose some bloke with a wig on decided you owe the guy ?10,000 compensation. Where do you find that money?

OFF TOPIC:

Word on street speed camera, no ticket, 2 weeks, don't worry.

ON TOPIC:

This happened 2 years ago, not 2 weeks ago.
If they contact you again, get in writing from who ever the 2 outcomes
ie, you owe the guy ?xxxx or they guy owes you ?xxxxx
what about commision they are on?


What ever you decided to get, make sure you keep ALL letters
so if any come back, you got 'back up'

OFF TOPIC:
Man sold a car and DVLA sent a letter saying "Thanks for the info, you flogged your shed"

He then got a fine in the post for not telling them he sold his shed
he faxed the original letter they denyed all knowage about and called them coonts, case closed.

ON TOPIC:

ttfn

[Canker_Canison]

As M-H said, keep as much correspondence as you can. It's possible they are looking at coercing you into claiming for mental injuries...but personally I would refuse to deal with them.

If they hit you with any type of legal requirement for you to respond, I'd go & get my own representation.

[xant14]

Thanks for the reply s.
At this stage, I aren't too worried. It;s just something this lady solicitor said that raised my hackles.
A quick read of the letter from a few weeks ago, I and the missus interperated as 'Get in touch with regard to the accident, you were insured so don't worry, it will not cost you anything. reverse phone charges if you want'.... as if she is acting for the injured party.

Now she has foned me,she is wanting me to sign over all legal stuff to her. And that now the injured party want a name to sue, because my company is dissolved and she cannot defend me unless I sign.
She even used false flattery by saying to me 'I very much doubt we will even have to meet, although I am sure it will be a pleasure, for me at least'. lol... where do I sign!
But she is saying she is NOT acting for the injured, and is working for my insurance people, but I don't know if I believe her.

If I sought my own legal person, I can see me being out of pocket, although it would be a weight off my mind to find out if this lady is genuine.

[chucklor]

I think you can see most solicitors for a free consultation for about 1 hour but it looks like they have already found out the company you worked for has folded and are now trying a alternative route, dont sign jack shit as it looks like you will then be liable, I dont think there is much they can do if the company has gone under apart from seek compansation from government sources, you worked for a company they were responsible for there employees ...chuck

[Meat-Head]

SToopid question, was the guy badly hurt, or did he just use rude words end of?

More importantly who's 'fault' was it?

You don't want some solicitor emptying your bank account over nothing.

Surely the bloke would have tried claiming off the companys insurance?

[xant14]

He was hurt quite bad, ran over his foot, but they amputated just below the knee. 11 tonne rail machine.
As regard blame, probably three of us partially responsible. Me for operating the machine, the injured for being in an unsafe place, and the machine controller for not making sure the vicinity was clear.

Back to my original question really, is there anyway to find out who is representing who? I am trying to find my ex-employers insurance company out, but so far have drawn a blank.

[patkins]

Xant, a couple of points to remember:Firstly if any company or Solicitor sends you a letter then they keep a copy and as Meat says keep everything. Secondly it would be a conflict of interest for her to represent both parties and certainly in Ireland it is illegal. The company you worked for at the time had a duty of care to you as well as the injured person as indeed he also had a duty of care to himself just as you had a duty of care to yourself. This is natural Health and Safety. This woman, to say the least is trying her best not to meet you and it makes me wonder if it is some kind of scam. Who knows what info anyone can pick up by trawelling through accident reports that might be accessed by the general public. Remember that this is, if it is, being referred to as an accident and as you were properly documented for the job you were doing and both of you were insured by your former employer at the time I dont think that anyone can now make a personal claim against you. I`m not a Surgeon and dont know how bad the foot injury was but I would imagine that the amputation could have being at the ankle. The Main thing Xant is,as already stated, SIGN NOTHING as things can be twisted against you. I`ll be watching out for any progress reports from you and wish you the best of luck. Had the injured person any right or reason to be where he was at the time?

[xant14]

Thanks for the reply Pat. Some good info there.
A number of points,
We both worked for different contracting companies, but were on the same job. So I would imagine different insurance companies.
The foot was crushed as you would imagine, and he was given the option of amputation at the ankle or below the knee as Rehabilitation is easier. He opted for the latter.

A point I would like to make is that no way do I begrudge the fella having a good payout, he deserves it. But from the insurance companies.

The main point of my original questions is to find a way to find who is been represented by who. And if this lady is who she says she is and has my best interests.

[jasbo7]

you seem in doubt m8 about the letter so why not phone the women back up and say you misplaced the letter and could she forward on another...maybe this would give you an opertunity to quiz her about her position.

[Meat-Head]

He was hurt quite bad, ran over his foot, but they amputated just below the knee. 11 tonne rail machine.
As regard blame, probably three of us partially responsible. Me for operating the machine, the injured for being in an unsafe place, and the machine controller for not making sure the vicinity was clear.

Back to my original question really, is there anyway to find out who is representing who? I am trying to find my ex-employers insurance company out, but so far have drawn a blank.

Three people involved you say, and an amputation, does the guy have a leg to stand on :roflmao:.

Ok so the company went bust, try contacting the inland revenue and/or companies house, as it was a 'good' accident try the health and saftey executive.

[barrowmanandrew]

tell the bitch, you were at work at time of accident. you are not allowed to disclose any information without written permission from your employer. forward your employer's last known address. (not your fault if employer is no longer available) and ignore all other communicates except from your previous employer.....

[Meat-Head]

tell the bitch, you were at work at time of accident. you are not allowed to disclose any information without written permission from your employer. forward your employer's last known address. (not your fault if employer is no longer available) and ignore all other communicates except from your previous employer.....


Oh yeah, just to add to the above, not that it is relevent.

If (for a job for a customer of your work) you need to draw a picture
image etc if you draw that image at home after work it is your image
if you draw that image at work, by law it belongs to you.

But you try telling that to the boss of Meat-Head-Motors when he is lining his pockets with information gained by me at night from our friends on Digital-Kaos! :banghead:

[tshirtman]

under the data protection act you are entitled to know what information others hold about you,
so that's the way I would go, tell the solicitor you want a copy of all the info she has about you, stating your rights under the data protection act 1998

[chroma]

Sign NOTHING!

Feign a vague recollection of events that happened so long ago and suggest she get in contact with your old employer and wash your hands of the entire deal.

Accident reports should all have been filled at the time of the incident and forwarded to the Health and Safety Executive (in accordance with RIDDOR) along with statements from all parties involved. This should have happened no later than 14 days after the accident and its the employers responsibility no the employees.

As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under RIDDOR that require you to report and record some work-related accidents by the quickest means possible.
You must report:


deaths;
major injuries;
over-3-day injuries ? where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days;
injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital;
some work-related diseases;
dangerous occurrences ? where something happens that does not result in an injury, but could have done;
Gas Safe registered gas fitters must also report dangerous gas fittings they find, and gas conveyors/suppliers must report some flammable gas incidents


You must keep a record of any reportable injury, disease or dangerous occurrence. This must include the date and method of reporting; the date, time and place of the event; personal details of those involved; and a brief description of the nature of the event or disease.
You can keep the record in any form you wish. You could, for example, choose to
keep your records by:


keeping copies of report forms in a file;
recording the details on a computer;
using your Accident Book entry;
maintaining a written log.

If you choose to report the incident by telephone or through this web site, the ICC will send you a copy of the record held within the database. You will be able to request amendments to the record if you feel the report is not fully accurate.

If none of this has been done then its not your fault, just give a forwarding address to the last known whereabouts of your employer and forget all about it.
The only grey area is if your self employed or in charge of the site.

[pantomime horse]

just to add my tuppence worth.

you have a set time to make an industrial injuries claim.
think its 2 years.
so thats the relevance of the time scale
to me it sounds like the other injured party,( I say other because I am sure you have trouble sleeping with nightmares and flash backs to the incident), has contacted one of the firms that advertise on the Tele. ie no win no fee etc.
if you are in a union or if you were at the time of the incident , then contact your main union office. the union picks up most of the tab for their lawyers.
I know the lawyers for the gmb in glasgow and edinburgh are digby brown. used them in my own case
good luck m8

[xant14]

just to add my tuppence worth.

you have a set time to make an industrial injuries claim.
think its 2 years.
so thats the relevance of the time scale
to me it sounds like the other injured party,( I say other because I am sure you have trouble sleeping with nightmares and flash backs to the incident), has contacted one of the firms that advertise on the Tele. ie no win no fee etc.
if you are in a union or if you were at the time of the incident , then contact your main union office. the union picks up most of the tab for their lawyers.
I know the lawyers for the gmb in glasgow and edinburgh are digby brown. used them in my own case
good luck m8

Thanks for the reply, It is 2 years in August coming up.
I was in no union so that avenue is out. I will be going to the CAB today. And failing that, I will be going to consult my own solicitor, probably on the CAB's recommendation.

[xant14]

Sign NOTHING!


If none of this has been done then its not your fault, just give a forwarding address to the last known whereabouts of your employer and forget all about it.
The only grey area is if your self employed or in charge of the site.

I was not in a self employed status chroma, I was employed.
Although there was dodgy goings on going on :hmmmm: with my firm. With name changes, unpaid bills etc... which led to the demise of the company.
I don't know the full ins and outs of why my company disolved, but feel sure it wasn't related to my case. I would imagine they had a liability insurance.. if I could only find out who covered them, perhaps the CAB will be able to help out.

[pantomime horse]

just remember that as long as you were doing your job correctly ie you were not at fault here , then you may also have a claim against your companies insurance for the accident for stress, nightmares, flashbacks etc.
also i think that the company who owned the area where you worked may be liable too as it was on their property.
good luck anyway and think long and hard before you admit to any failing on your part.
if in any doubt say nothing or ask for time to deliberate.

[Canker_Canison]

Just to make a correction, it's 3 years to claim... If it happened to someone under 18 it's 3 years after they turn 18. Just to confuse things more... If it's a medical condition through work, i.e vibration white finger, it's 3 years from diagnosis of the condition. I used to work in personal injury claims. Really enjoyed it until the company went under.

[dctyper]

if you were insured at work by the company, the insurance company will have a legal team, you may be called as a witness, you personally are not liable, if you were you are/were insured.

dc

[cloudnineuk54]

and if the company has gone,and they cannot find there insurers i think ~~~~ all can be done,as what happens in a lot of claims for industrial diseases.as happened to me. a terminal illness and no ~~~~ing chance of compo,for that very reason

[xant14]

I think this is getting deeper, and thru use of words can change what is being said so much.
Went to the CAB, and while he wasn't a trained solicitor he delved some interesting stuff.
The company I worked for are no longer available and are no longer on a company register, so they are aiming to sue me.
A phone call from CAB to a solicitor revealed that by signing I would be sort of inviting them to sue me. And if I don't then it is only my company that they can sue, who would need to be put back on the companies register :hmmmm:


The letter reads like this
Dear Rob
Parties : Mr X (injured man) v My old Rail company LTD & Others
date of incident: 30th August 2008

Thank you very much for discussing this matter with me today

I do apologise for troubling you and would not have had to do so but for the fact that My Old Rail has ceased trading and is no longer on the Companies House Register. As a result Mr X's solicitors want to sue you as the employee of the Company whom they blame for the accident. I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead, on the basis that you are covered by MY OLD RAILS insurance.
However I can only do so if I have your authority to represent you in this matter. In the circumstances I shall be grateful if you please return one copy of this letter having signed the confirmation below.

I would hope that this would be the end of your involvement in the matter, unless you wish to be kept informed thereafter, and that I would need not to trouble you again

Yours sincerely

I ROB hereby confirm that I authorise mrs Y to represent me in proceedings issued by Mr X arising out of the above accident, and to accept service proceedings on my behalf.
signed: ...............


No where on there does she say she is working on behalf of my insurers, doesn't even mention them.
she says also "I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead" .. two different things? :hmmmm:

Maybe I am just a paranoid skeptic.

I found the first letter too, again no mention of my insurance company.

[barrowmanandrew]

I think this is getting deeper, and thru use of words can change what is being said so much.
Went to the CAB, and while he wasn't a trained solicitor he delved some interesting stuff.
The company I worked for are no longer available and are no longer on a company register, so they are aiming to sue me.
A phone call from CAB to a solicitor revealed that by signing I would be sort of inviting them to sue me. And if I don't then it is only my company that they can sue, who would need to be put back on the companies register :hmmmm:


The letter reads like this
Dear Rob
Parties : Mr X (injured man) v My old Rail company LTD & Others
date of incident: 30th August 2008

Thank you very much for discussing this matter with me today

I do apologise for troubling you and would not have had to do so but for the fact that My Old Rail has ceased trading and is no longer on the Companies House Register. As a result Mr X's solicitors want to sue you as the employee of the Company whom they blame for the accident. I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead, on the basis that you are covered by MY OLD RAILS insurance.
However I can only do so if I have your authority to represent you in this matter. In the circumstances I shall be grateful if you please return one copy of this letter having signed the confirmation below.

I would hope that this would be the end of your involvement in the matter, unless you wish to be kept informed thereafter, and that I would need not to trouble you again

Yours sincerely

I ROB hereby confirm that I authorise mrs Y to represent me in proceedings issued by Mr X arising out of the above accident, and to accept service proceedings on my behalf.
signed: ...............


No where on there does she say she is working on behalf of my insurers, doesn't even mention them.
she says also "I would prefer to avoid the need for them to serve proceedings on you, and wish to ask them to correspond with me instead" .. two different things? :hmmmm:

Maybe I am just a paranoid skeptic.

I found the first letter too, again no mention of my insurance company.
m8, ~~~~ that that right in the bin, thats got "scam" written all over it.

[Dreamer]

Parties : Mr X (injured man) v My old Rail company LTD & Others

I found that part quite interesting. Who do you suppose the others are?? solicitors are very thorough normally and to just put "others" is rather wierd.
Don't sign anything!!
If you get more letters and you can get legal aid then take them up to your local solictor. If you do not qualify for legal aid then take them to CAB. I think the first consultation with a solicitor is free but you would be best to check on that

[xant14]

First letter reads like this

Dear Rob
Accident at Nuneaton involving Mr X
Date of Incident 30 August 2008

We are instructed to act in relation to the above accident which occurred whilst you were working for MY OLD RAIL COMPANY. M.O.R.C. were insured so there is no question of any cost to you.

We understand that you may be able to assist us with our enquiries into this case.

I shall be very grateful if you will please telephone me on direct dial number below. Please feel free to reverse charges

Yours sincerely

Mrs Y

Again, no mention of acting for my insurers, or even for my company..

I read this as she is acting in Mr X's favour.

On the phone call that happened last thursday, she said she is NOT acting for Mr X.
And no record of her saying this conveniently, just in my earhole.


I wasn't too worried by all this before, but it is starting to bother me now.

[cloudnineuk54]

well first letter to me sounds like they are sueing the insurance company,of morc who no longer exist,but the insurance company does,if you testify to say you was at fault,they win,but the insurance company of morc pays out,,not you

[barrowmanandrew]

mmm... could this be whats going on here??? mr x's legal team are having no luck in tracing anyone from your old company. Are trying to get compensation from old companies insurers, by you admitting liability for the accident. the "lady" in your second letter is trying to get permission from you to act on your behalf. if she has this , then when mr x (injured party) takes you to court, then your ladyfriend can say you accept all liability accident was 100 per cent your fault, then the insurers will pay out...

[xant14]

well first letter to me sounds like they are sueing the insurance company,of morc who no longer exist,but the insurance company does,if you testify to say you was at fault,they win,but the insurance company of morc pays out,,not you

I sort of agree, but the cab phoned a solicitor, and she said that by signing, I am inviting them to sue me, which they can do IF I invite them. I know it doesn't sound that way on the letter.. but thats what cabs solicitor said..

If I knew Mr X was just gonna get insurance's money, no prob.. but to admit liability myself, and run the risk of losing my house say thru a small error like inviting them to sue me, then no. I will box clever.

[cloudnineuk54]

yup so get your counter claim in for your stress,nightmares,depression etc etc,you may as well get something out of it,thats what insurance is for lol

[cloudnineuk54]

I sort of agree, but the cab phoned a solicitor, and she said that by signing, I am inviting them to sue me, which they can do IF I invite them. I know it doesn't sound that way on the letter.. but thats what cabs solicitor said..

If I knew Mr X was just gonna get insurance's money, no prob.. but to admit liability myself, and run the risk of losing my house say thru a small error like inviting them to sue me, then no. I will box clever.
dont blame you mate,be carefull

[barrowmanandrew]

dont think they can claim money from you, should ask c.a.b.

[xant14]

mmm... could this be whats going on here??? mr x's legal team are having no luck in tracing anyone from your old company. Are trying to get compensation from old companies insurers, by you admitting liability for the accident. the "lady" in your second letter is trying to get permission from you to act on your behalf. if she has this , then when mr x (injured party) takes you to court, then your ladyfriend can say you accept all liability accident was 100 per cent your fault, then the insurers will pay out...

I am thinking that way myself Barrowman.. As I say, I dont mind mr X getting the money, but I will not put myself at risk. And if she was doing it this way, underhand.. then she will get ~~~~ all info from me for trying to treat me like a simpleton.....

And to back up thinking I am a simpleton, she actually said on the phone
'I am sure we will have no reason to meet, although, it would be a pleasaure... for me at least'. In a smouldering sexy accent... And I kid you not about that bit.

[barrowmanandrew]

I am thinking that way myself Barrowman.. As I say, I dont mind mr X getting the money, but I will not put myself at risk. And if she was doing it this way, underhand.. then she will get ~~~~ all info from me for trying to treat me like a simpleton.....

And to back up thinking I am a simpleton, she actually said on the phone
'I am sure we will have no reason to meet, although, it would be a pleasaure... for me at least'. In a smouldering sexy accent... And I kid you not about that bit.
lol,stuck up coww.... if in doubt m8, DENIE ~~~~in everthin.......

[xant14]

The CAB are draughting (drafting?) up a letter as we speak, for me to write, and to get her to clarify one or two points before, or if I do sign. The thing with letters id they are better evidence than a fone call from a devious woman.
And we know how devious women can be.... Hope dreamer aint reading this bit. lol

[cloudnineuk54]

also if they cannot find any other person who actually witnessed this accident,and you do not accept your invite,case is closed

[barrowmanandrew]

let me make a prediction, if you dont sign and return letter you will get another letter from your lady friend stating something along the lines this "dear xxx i do not appear to have received permission to act on your behalf. please return the following slip asap, or i will no longer be able to represent you. this could lead to yourself being left open to legal action and personal loss. " (obviously better written using big, scary words) on order to get you to comply.....

[xant14]

There should be lots of witness account. I was in and out of investigational interviews for 2 weeks following this. Right up to HMRI level.
I admit freely that I was partially to blame, I was operating the machine..but,
so was Mr X for not being in a safe place,
so was the machine controller for not keeping people out of the operating zone,
so was the supervisor, for being a supervisor basically.

But, Altho I have never seen and reports on this case, I was re-instated at work two weeks after the event. And then 2 months later even employed by the same company Mr X works for.
To put it bluntly, I don't think I was fully responsible.

[xant14]

let me make a prediction, if you dont sign and return letter you will get another letter from your lady friend stating something along the lines this "dear xxx i do not appear to have received permission to act on your behalf. please return the following slip asap, or i will no longer be able to represent you. this could lead to yourself being left open to legal action and personal loss. " (obviously better written using big, scary words) on order to get you to comply.....

I agree... As I said.. I am a paranoid skeptic.
But my point is, No where does she say she is working FOR my Insurers... Never even mentions their name.
And I doubt she has taken it upon herself to represent me out of the goodness of her heart.

[barrowmanandrew]

I agree... As I said.. I am a paranoid skeptic.
And I doubt she has taken it upon herself to represent me out of the goodness of her heart.
both lawers are probably from same firm. tell them ~~~~ all, scamming bsterds

[Canker_Canison]

Once CAB have sorted the letter out for you & you're ready to send it to the Snake with Tits, remember one thing....DON'T SIGN THE LETTER YOU SEND.

I wouldn't even put my name at the bottom of the page. Collection agencies trying to claim defaulted credit 'on behalf of' banks & credit companies have a nasty trick.
You dispute owing the money & request a copy of the credit agreement under section 70 whatever of the consumer credit act. The company will scan your signature from your letter & paste it onto a credit agreement. The courts don't give a ~~~~ if you try to claim fraudulent documentation, in their eyes you signed it.

So be careful.

[Meat-Head]

Once CAB have sorted the letter out for you & you're ready to send it to the Snake with Tits, remember one thing....DON'T SIGN THE LETTER YOU SEND.

So be careful.

Just been busy at work so no DK, but just about so say this as well.

IF YOU at all put your name on the bottom of the letter just slighly
'change' your name so if you get any more letters you can tell the source

EG you 'normally' sign letters and cheques

"Mr Xant14"

Just put on the bottom of the letter
"Xant4" - miss out or add your middle inital.


OFF TOPIC:

We got caught out by this at work:

Phone rings,
"cheap electricity sir"
"no thanks we have a link across the meter thanks"
"You get a FREE green airfreshner and a pritty bird with big tits to
read the meter"
"OH ok"
"Do you agree to our terms of electrity and a bird with big tits to read the meter?"
"susspose so"
"Good another punter in our web of deception, you have 7 days
to cancell, oh it takes up 6 days to post out the letters, that ok?"
"bird with big tits, yeah ok"

Turns out this is a genuine legaly binding contract, so as soon as we
got the paper work we read it and turns out this was the meter reader
was second bird in this posting CAUTION ADULT IMAGE http://www.digital-kaos.co.uk/forums/f6/pics-45304/index8.html#post590080 CAUTION ADULT IMAGE

So we went to the post office (TM) and posted back the cancelation form with some laxative chocolates.

[patkins]

Xant, First of all stop worrying. Then, as I said earlier that their letters to you have copies so their phone calls to you are also recorded. The Insurance companies for you and the injured man are liable still as they were covering both of you at the time. The first thing the insurers do is to find fault somewhere as they are in the risk business of collecting premiums and doing their legal best not to part with any of it. While the CAB solicitor will do his best for you with the letter I would have one terribly long read of it before deciding what to do with it and would too have my name typed at the bottom rather than the signature as mentioned in a previous post. Yes, as you say, the guy deserves money but you didnt intentionally set out to injure him. It was an accident but as I already said, the insurers want a scapegoat. Be careful Xant.

[dctyper]

i would tell this solicitor to go swival

[xant14]

once again, some cracking advice.
@ Meathead, yeah good tip that about spelling the name wrong, I do it actually and it funny some of the mail that gets addressed to Mr Roberti, Mr Roberto, Mr Robertu etc.

The letter drafted by the CAB :

Dear Mrs Solicitor

I refer to letter dated 19th April 2010.
as you know I have taken advice from CAB My Home Town,who have taken legal advice on my behalf, and I now feel able to respond to your request.

In responding I have been asked to make the following clear to you:

1. That there is an alternative to your request and that is for you to apply to have MY OLD RAIL CO LTD reinstated on the Companies Register so that proceedings can be instigated against them.
2. Any judgement in relation to this accident must be against MY OLD RAIL CO and not against me personally.
3. If unavoidable, I am prepared to consider XXXX Solicitors LLP acting on my behalf as a witness to the accident in question, not as defendant.

I hope this response is helpful in getting the matter resolved

Your Sincerely

Rob


I suppose I will send it off tomorrow, and await the response.

[chroma]

Looks fairly suspect to me.

You should NEVER have a lawyer contacting you to tell you they want to fight for you and have Your best interests at heart


The way i read this whole ordeal is:
Guy loses his leg and gets understandably pissed off.
Gets out of surgery and rehab and decided understandably that he wants compensation.
Files with a lawyer to begin proceedings only to find that the old company has done a bunk.
His lawyers then go on the defensive, in a frenzy by the smell of money to be had. Desperately looking for someone to finger the blame at.
By getting you to admit liability they can then take YOU for a ride and get their money (dishing out whatever pittance is left on the bones to Mr Hoppity)

Placing myself in your shoes I would immediately CEASE AND DESIST from any contact and return all mail unopened back to the solicitors.
It wouldnt be my problem, i performed all duties required of me by law by giving my account of the accident at the time, taking part in all investigatory procedures and been safe in the knowledge that the guy will get his dues from the insurers who covered him at the time of the accident.

Whether he gets paid or not is none of my concern, there was a procedure in place at the time that has nothing whatsoever to do with me.

Sure it might sound harsh, but at the end of the day continuing correspondance with these looters will wind up costing you more than you bargained for and to add insult to injury the lawyers will walk with the bulk of the proceeds instead of the guy who could use them.
It doesnt matter what you do, the guy aint getting his leg back, so put him out of your mind, all thats going on here is that a bunch of robbing bastards are out for blood, operating under the guise of "everyones best interest." looking any place they can. DO NOT GIVE THEM AN EXCUSE.

In synopsis: It's not your problem any more.

[pantomime horse]

best advice..........I'd take it if I was you

[xant14]

fantastic reply chroma, and now I dunno what to do. I don't like to bury my head and wait for things to escalate, but I am wondering if this is the best method.


I have just looked at my house insurance, and I am covered for legal stuff, but I would maybe need to fork out ?250 excess.
Will give them a bell in the morning.

[Meat-Head]

just a dumb question(s): (just to add to the excitment)

If the injured bloke had shouted 'stop' would you have been able to stop/
hear him?

Did the machine have emergcency stops on it?

Was the machine on tracks or on tyres?

Could/did you see him (if you know what i mean)

When you realise what had happened did you think
'reverse have another go'

Just stupid questions that other forum members can see and add spin to it.

[barrowmanandrew]

fantastic reply chroma, and now I dunno what to do. I don't like to bury my head and wait for things to escalate, but I am wondering if this is the best method.


I have just looked at my house insurance, and I am covered for legal stuff, but I would maybe need to fork out ?250 excess.
Will give them a bell in the morning.
i wouldnt bother m8, there trying it on to see what they can get away with... tell them to ~~~~ off and pester the insurance company. ps do you know which insurance company your employer used, might be worth giving them a ring letting them know your getting hassle about this. they might take a dim view of your lady friend lawyer wanting to represent you.. when its them that'll get shafted for the compo......

[xant14]

just a dumb question(s): (just to add to the excitment)

If the injured bloke had shouted 'stop' would you have been able to stop/
hear him?
Hard to say, bearing in mind it was a cherry picker type machine, the the controls in the basket and the main unit being 6 to 14 metres away depending on how far it was extended. As it happens I did hear him, but not until too late. My concentration was on where my basket was as opposed to the unit below. It being around a dark midnight time with overhead wires having a danger of being snagged by the moving basket.
The machine only travels at about 5 mph max, even automatically slower when the booms are extended, which they were. Unless you are almost under the wheels, you have a long time to get out the way. And the revs rise automatically when the movements are made, so you 'know' something is happening, be it a raise, telescope, slew, or traverse movement

Did the machine have emergcency stops on it?
yep, but only on the side, not in front of the wheels


Was the machine on tracks or on tyres?
on rail wheels, the wheels power the rail wheel when put in rail mode


Could/did you see him (if you know what i mean)
I could if I was looking in that direction, I was looking in the opposite direction, where my basket was going.


When you realise what had happened did you think
'reverse have another go'

I did reverse over it, on his instructions, and going forward would have made the machine carry on up his leg

Just stupid questions that other forum members can see and add spin to it.

This is starting to get away from what I was asking really. I appreciate its handy to see the full picture, but the gorey details aren't something I wanna glorify.

[yorkslad]

xant dont know if you did find out but try this The Law Society - Find a solicitor (http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solsearch.law)

[xant14]

xant dont know if you did find out but try this The Law Society - Find a solicitor (http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solsearch.law)

Good one mate. I am deciding whether to call my house insurance legal side at the min. I initially thought it was a ?250 excess charge, but on closer scrutiny I think thats if I want my own solicitor of my chosing.
Or I might just send this letter drafted up from the CAB and wait.
Or, I might do what chroma says.

[gigboat]

How do I find out who solicitors work for?

A brief explanation, almost 2 years ago, there was an incident at work in which I ran over a guys foot with a machine I was driving.
I was employed by a company (now dissolved) who were I imagine fully insured.
I was competent and held the necessary ticket for the machine.

A couple of weeks ago I had a letter from some solicitor, asking me to get in touch, re - the other lad seeking compensation. I think I binned the letter.

2 days ago I got a phone call from this solicitor. And she seemed to take a different stance, in that she said she wants to represent me, and is working for my insurance company and followed up with a letter for me to sign, to allow her to act for me.

I am suspicious though. I cant remember the full ins and outs of the first letter from a couple of weeks ago, but I and the missus read it as if she was representing the injured party.

How can I find out who she is actually representing? Has she got my best interests to hand?

Is there any legal eagle in here that know how these things work? and where I can get information. As I say, my old company is now dissolved, and I have no contacts with the senior management.

Im no Barrister, but have just won a case against a solicitor, I represented myself, for the last 3 years of a 10 year court battle. as you were employed your company should and would have had liability insurance, the person injured has 3 yearts to claim, id ask the so;icitor to ask the insurance company to contact you via letter, dont speak on the phone you will nave no prove of what is said and not said, see what the reply is and get back to me

[Meat-Head]

If the injured bloke had shouted 'stop' would you have been able to stop/
hear him?
Hard to say, bearing in mind it was a cherry picker type machine, the the controls in the basket and the main unit being 6 to 14 metres away depending on how far it was extended. As it happens I did hear him, but not until too late. My concentration was on where my basket was as opposed to the unit below. It being around a dark midnight time with overhead wires having a danger of being snagged by the moving basket.
The machine only travels at about 5 mph max, even automatically slower when the booms are extended, which they were. Unless you are almost under the wheels, you have a long time to get out the way. And the revs rise automatically when the movements are made, so you 'know' something is happening, be it a raise, telescope, slew, or traverse movement

SLEW, THAT'S A NICE WORD, SO BASICALLY THE GUY CAN'T SAY
HE DIDN'T KNOW YOU WERE THERE.

SO IT WAS DARK IF NO LIGHTS FITTED, DESGIN FLAW?
DID INSSCRUTIONS SAY ABOUT 'DON'T USE IN DARK'?

SUGGEST BEING ABLE TO DRIVE WITH BOOM OUT A DESIGN FLAW
(IF FIXED TO A LORRY YOU CAN'T MOVE IT WITHOUT 2 PEOPLE)

SURLY OVERHEAD CABLES ARE MORE 'IMPORTANT' THAN A PEASANT
ON THE GROUND

Did the machine have emergcency stops on it?
yep, but only on the side, not in front of the wheels

OH THAT MAKES THE SITUATION MORE CLEAR
HE GOT IN THE WAY SO YOU RAN OVER HIM, FINE

Was the machine on tracks or on tyres?
on rail wheels, the wheels power the rail wheel when put in rail mode

SO THAT MEANS, HE HAD TO MOVE OUT YOUR WAY NOT YOU MOVE OUT OF HIS WAY

Could/did you see him (if you know what i mean)
I could if I was looking in that direction, I was looking in the opposite direction, where my basket was going.

AGAIN OVERHEAD WIRES, MACHINE FIXED ON A TRACK, NOT LIKE IT WAS A BRICK WALL YOU WAS GOING TO HIT

When you realise what had happened did you think
'reverse have another go'

I did reverse over it, on his instructions, and going forward would have made the machine carry on up his leg

AWSOME, COOL

Just stupid questions that other forum members can see and add spin to it.



Sorry for shouting, didn't think about using another color

Perhaps admin could make this into a vote poll,

"Sue Xant14" "draw" "Xant14 sues Hop-A-Long-Cassidy"
with
"Xant14's fault" "Hop-A-Long-Cassidy" fault

[xant14]

lol meathead, your quite mad mate :top:
@Gigboat... that is simply the most brilliant suggestion I have heard.

[barrowmanandrew]

"did reverse over it, on his instructions, and going forward would have made the machine carry on up his leg"

what the ~~~~ is he moaning about then, you could have had his meat and two veg off! he should be gratefull for your super quick reactions and expert driving, he's not got a leg to stand on m8. :laugh::laugh::laugh:

[Meat-Head]

lol Meat-Head, your quite mad mate :top:


Think locgically.

This guy (fair enough) wants to sue somebody, what you don't want is to loose your house and/or have to pay ?20K in court costs.

If something happens and the bloke with the wig on, 'Sub-penises' or something you, there is no choice, you HAVE to go to court, t(unless you are currantly dead).

So it would be handy to have a list of these 'suggestions' ready in a folder by your front door.

These people are dummies, if you can get whilst in court simular words then do it.

Courts DO NOT use 'If & but' only facts.

Rather than saying

"If he had moved out the way, but he diddn't" nil poi

Something like

"As the vechile I was operating was fixed between two steel rails, it was not possable to avoid hitting the daft coont by steering to one side"

Oh just for reference it is VERY VERY difficult to 'rugby tackle' the guy with the wig on when he takes your driving license away :banghead:

[xant14]

Well, I took gigboats advice, I never sent the CAB letter, yet. Just a simple 'could you ask my insurance company to contact me via letter'.
Now I await.

[barrowmanandrew]

Well, I took gigboats advice, I never sent the CAB letter, yet. Just a simple 'could you ask my insurance company to contact me via letter'.
Now I await.
wouldnt worry m8, keep us updated of progress... ps. tell the bitch you dont need a legal advisor, at last count you have 159,731 advisors... :rock::rock::rock:

[pantomime horse]

too true
keep us posted

[xant14]

well, two weeks later and still no reply from the silver tongued bitch.
It might still be early days, but that was a pure stroke of simple genius Gigboat. :top:

[Meat-Head]

*BUMP - SPAM *

Is there any update on this?

ON TOPPIC: - SORT OF:-

Right about FOUR months ago i got a message that was addressed to another member, from some low life scum solicitors

Of course not knowing what it was about, opened it, see it was a mistake.

So basically a Telegram was sent back to the number in the message, no reply.
Then got another message, Sent another Telegram, no reply, got the phone book out (google pages lol), looked up the company, found the Telex number of the company director, sent him a Telegram, got automated reply, "ill, if urgent contact XXXXXX"

Left it couple of weeks, heard nothing, went back to "google-pages" got yet another telegram number, send yet another Telegram, got a reply - only 2 months since first 'message' - send one back, calling them a useless bunch of cntus.

Got a reply, "do you have more detail?" - sent another Telgram, calling them useless chunts!

Now what? Forward the same Telegram to the other members in that company or what?

[xant14]

I haven't heard anything else from the snake with a briefcase.
I am hoping it stays that way. come the revolution, they are the first lot up against the wall.