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Legal advice needed ASAP

(34 Posts)
GloriaGaynor Sat 17-Dec-16 15:06:11

Long story short: a man nearly drove into my father's car, but didn't, which resulted in the other car's wing mirror breaking, but no damage to my father's car.

As my father was not at fault, his insurance company would not pay out to the other driver for the damage to his mirror.

This was back in August.

Today, out of the blue, my father received a 'without prejudice' letter stating that if my father did not pay £xxxx for compensation for the wing mirror by the end of December he would start court proceedings.

My father will contact his lawyer on Monday, but that's a long wait and I was wondering if any lawyers could clarify a couple of issues before then:

This man claims to be a lawyer himself, but I have researched him online and the Solictors's register and the Bar show no record of him. His own LinkedIn history and Companies House history set out his education and employment - a degree in business, and held posts in marketing. (He also has a lot of failed companies and resignations to his name).

What would a court make of someone lying about being a lawyer?

He claims to have a recording of a conversation with my father's insurance company which he also claims is admissible in court.

It may be that that the company records all conversations and he requested a copy, or it may be that he recorded them without their knowledge.

Either way - is it true that it is admissible in court? Or is this another lie?

My father is 80 and very stressed, so any feedback would be very gratefully received.

originalusernamefail Sat 17-Dec-16 15:07:43

What did the other car hit to damage the wing mirror ?

Aridane Sat 17-Dec-16 15:08:37

It's a criminal offence to holy yourself out as a 'solicitor' if you are not one...

Sixweekstowait Sat 17-Dec-16 15:11:00

Wow - misrepresenting himself as a solicitor. That's serious - tell your dad not to spend money seeing a solicitor himself but simply to reply that he is reporting him for misrepresentation and that if he wants to sue him for the money he looks forward to seeing him in court

Sixweekstowait Sat 17-Dec-16 15:13:13

http://www.sra.org.uk/bogus-solicitors/

Here's the link - gosh is he in trouble - couldn't happen to a nicer bloke

HeCantBeSerious Sat 17-Dec-16 15:13:32

Tell your dad to pass the letter onto his insurance company and they will deal with it. That's what he pays for. No need for him to consult lawyers etc.

HeCantBeSerious Sat 17-Dec-16 15:14:25

And he certainly shouldn't communicate at all with the muppet.

Sixweekstowait Sat 17-Dec-16 15:14:56

Hummm- insurance companies are often too keen to settle - not sure if do that

Sixweekstowait Sat 17-Dec-16 15:16:21

Yes on reflection I agree about not writing to him but could you ring the SRA on Monday ?

GloriaGaynor Sat 17-Dec-16 15:22:50

Thanks v much for your quick replies.

He claimed he was a 'lawyer' he didn't specify solicitor or barrister. (So I checked both).

The wing mirror of the man's car hit my father's wing mirror. My father's wing mirror got bent back but didn't break, but apparently the other man's broke.

For more info, they were driving along a city road, my father in the outside lane, this man on the inside lane. The man tried to move into the outside lane, where my father was, my father honked, the man ended up clipping the mirrors, before pulling back. No further damage.

GloriaGaynor Sat 17-Dec-16 15:28:13

Yes I will ring them on Monday.

However, it's not that he has written a headed letter presenting himself as a lawyer, it's simply that in his last line in the letter he says:

'I am a lawyer myself, I would not pursue the claim unless I was 100% confident in my case'.

Does that still count?

TeaStory Sat 17-Dec-16 15:41:04

The git is trying it on, I doubt he'd go to court. He's just hoping to scare your father into handing over the money. Scammer!

Ellisandra Sat 17-Dec-16 15:42:46

I think - but can't say this as fact - that a lawyer is not a protected term. Certainly I'm pretty sure that a Legal Executive can call themselves a lawyer.

I think the best thing to do is ignore it. Or send a reply saying any claim that he wishes to make should be done via his own insurance company or an application to the court which he is free to do and any further direct correspondence will be considered harassment and reported to the police as such.

I am not a lawyer - just my opinion. Hope you also get a qualified response!

HeCantBeSerious Sat 17-Dec-16 15:44:01

The insurers won't settle. They'll send a cease and desist response.

Sixweekstowait Sat 17-Dec-16 15:52:41

Ellis I think you are right - he has cleverly used the word lawyer and not solicitor -OP I agree with Ellis about the letter and what it should say.

HeCantBeSerious Sat 17-Dec-16 15:54:29

The policy handbook may have rules about what to do in this situation. Sending a letter himself may have the insurer's washing their hands of it. Worth checking/a phonecall.

GloriaGaynor Sat 17-Dec-16 16:01:16

If he had said 'solicitor' or 'barrister', then I'd feel sure we could get him on that. But I've no idea if 'lawyer' is covered.

The letter purports to be a semi (or rather cod) legal document.

It has 'Without prejudice', at the top.

And after claiming to be a lawyer and 100% certain of his case, he then advises my father that:

'the cost of defending your case will be several thousands of pounds and you will lose your insurance cover and have to pay my legal costs as well'.

I don't know.

HirplesWithHaggis Sat 17-Dec-16 16:11:51

I'm not any sort of lawyer, but that sounds like aggressive bolloxy bollox to me. What a wanker.

Tell him to bring it on. angry

TeaStory Sat 17-Dec-16 16:11:52

Why on earth would your father lose his insurance cover?? It's what insurance is for!

Pass it on to his insurance company and get their lawyers to deal with it. It's what premiums pay for.

NotDavidTennant Sat 17-Dec-16 16:21:16

You've already looked him up and seen he is not a legal professional. It's just bullshit designed to intimidate your father into paying up.

GloriaGaynor Sat 17-Dec-16 16:22:01

Thank you all ENORMOUSLY for your help.

flowers mulled wine and Christmas cake

lokisglowstickofdestiny1 Sat 17-Dec-16 16:26:31

He is trying it on. Pass all correspondence to your insurance company and let them deal with it.

SofiaAmes Sat 17-Dec-16 16:32:20

I had something similar happen once. Girl backed into exH. No significant damage to either party. Decided to part ways without further fuss. Stupid girl sent a receipt for the repair dated the day before the accident (she had told exH that she had been in an accident the previous week and just had it repaired.) We just told them to go away or we'd report them to the police for making fraudulent claims. Never heard from them again.

OurBlanche Sat 17-Dec-16 16:35:24

From top to bottom that letter is cods.

As others have said, contact insurance company. Let them deal with it.

If he continues report to police, harassment at least, maybe more if the "You will lose your insurance coverage" or any other daft statement is seen as threatening correspondence. Especially if your dad is old enough to be portrayed as 'vulnerable'!!!!!

HirplesWithHaggis Sat 17-Dec-16 16:51:58

Yeah, I'd be inclined to view that letter as "demanding money with menaces", but I'm in an uncharacteristically grumpy mood today.

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