Winn solicitors saying we owe £13,000

[PinkBump2022]

4 years ago we were parked up eating lunch in the car in an Asda car park. All of a sudden we got crashed into from behind. We got out the car she took photos and the woman took off, we got a picture of her numberplate which is the only reason we Found out who she was. Both cars had some damage. Ours to the back hers to the front. We put a claim in at winns and they said we had a good case. The other party denied it all saying it was a tiny bump. I had whiplash and needed pain killers and physio. After 3 years of her disputing it and us sticking to the same story time and time again we got a court date! The day befoeo the trail we got a phone call from winns saying we would almost certainly loose the court case and should withdraw immediately before any further charges incur and we end up with the other party’s charges too!!!! We again took their advice as we had for 3 years. I didn’t understand why for 3 years they said we had a good case then suddenly we didn’t when obviously nothing had changed. So now we have both had letters my partner owes £8600 and I owe £5775……..
so my question is, does anyone know if we do actually owe this money? Is there a way out of it? Surly it’s no win no fee so how can they charge us?

OP - there’s been very recent changes to the law and the CPR. Whiplash claims now have a different and separate claims process from other PI claims (if I understand the CPR correctly). Could that be it?

I Don't understand why you used a solicitor. Most fully comp. car insurance covers personal injury due to car accident.

I think you need to look closely at your contract with Winns. Does the no win no fee arrangement apply only to cases that reach court? If you pull out beforehand, do you automatically incur charges? Why did Winns advise you to withdraw?

I susoect they have stitched you up. I think a strongly worded complaint to the law society is in order.

That only applies to accidents on or after 31.05.2021.

I had a very, very minor scrape a while back. It slightly scratched the bumper of the car in front. I wasn’t sure until I got out and checked that I actually had touched it.

The other driver claimed for his “whiplash” injuries.

Not if the other party disputes the claim. If that happens your insurance passes the case onto a solicitor such as the one in the OP.

Agree with the poster who mentioned FD/Low speed impact defence. I’ve also dealt with Winns in the past, very unusual for them to drop it. I suspect the defence solicitors turned up something here; evidence of multiple past claims, records to show claims about injury untrue/exaggerated. I’ve dealt with cases in the past where you get a sob story about being bed bound and there will be pictures of the claimant on Instagram leaping around somewhere days afterwards. Something does not add up here.

It’s the SRA (Solicitors’ Regulation Authority) that you complain to, not the Law Society. Their website will have information in it about how they can assist.

However the retainer letter will have a complaints procedure and that should be followed first.

I'm not greedy. I was hit by a lorry, sustained whiplash and claimed. I paid for physio due to a complication as I had a pre existing condition that made it worse and mental health therapy for the trauma of the accident. And lost work time. Whiplash claims don't always equal greedy person.

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Don't think people understand what's going on here

The claim with Winn would of been for OPs "whiplash" from being crashed into

I'm sure you would of been a bit sore but I'm also sure you would of likely exaggerated your injuries in the hope of claiming thousands

It hasnt worked out clearly on this occasion and will hopefully teach others a lesson of the same as I used to see this day in day out in my job

You will owe Winn the money

I'm sure you would of been a bit sore but I'm also sure you would of likely exaggerated your injuries in the hope of claiming thousands

@sunshine271
out of interest, do you know the OP?

@Ohthatsexciting no but my job is investigating claims exactly the same as what she has proposed, looking at medical evidence etc.

I haven't said she wasn't injured (would be very minor at these speeds) but I think far too many people get carried away when they hear from these injury solicitors with the thought of being paid out thousands 🙄

If you are naive enough to believe OP had injuries to warrant a claim from a minor incident in a car park then more fool you

You’re all getting distracted with speculation about the strength of OP’s case.

The issue here is simple:
When Winn said she should drop it, did they explain the financial consequences of doing so? And what did the original agreement with Winn say- did that match what OP was told at the time she was advised to drop the case.

That’s it. Anything else is irrelevant.

So you are an insurance claims handler

and you’re stance from the outset whenever you see a whip lash claim is that you “are sure” they claimant will be exaggerating to get thousands of pounds

@Ohthatsexciting

I investigate fraudulent claims

If she wasn't then why would Winn tell her she had no chance of winning exactly?

Agreed

but 3 years they were involved

and they choose to say to abandon the claim the day before goes to court

so they sound incompetent and inept and I would go to legal ombudsman in OP’s situation

OP, what was in your contract? I presume that you read this carefully before asking them to undertake any work on your behalf?

You should have let it all go to court. Otherwise you're billed for the legal fees. You might have won, in court.

The SRA does not have the power to order Winn's to drop any legal action against you. They can investigate potential misleading practices however. They can review the T&Cs which should be explained to you in clear English. Send the SRA a copy with your complaint along with your client care/engagement letter.

You can also go to the Legal Ombudsman who do have the power to order Winn's to reduce the bill. But Winn's can pursue the fees in the meantime and LeO have a massive backlog. You need to complain to the form first before going to LeO.

Or you can let the firm take you to court for unpaid fees and a judge will decide as this is a contractual dispute.

Firstly, something which fully undermined the OPs credibility may genuinely have come to light late in the day. Secondly, going to court may have had the same result for the OP if, as some of us suspect, she had made a fraudulent claim.

If the OP has misled her solicitor then that’s also a very big issue.

@Ohthatsexciting yes but the insurance company of the driver at fault will of been gathering evidence against OP to take her to court for some time and Winn would likely not be aware of all the evidence that they hold until very late in the day.

Winn did not force the OP to make a personal injury claim, they may of believed she had a "good case" initially from what the OP had told them. They would not be looking for incriminating evidence against the OP like the insurance company would of been.

Only the OP knew how "strong" her case was, if she was genuinely injured it would not of got to this and her claim would of been successful.

@PinkBump2022 Did you get any information today op to help you? Or look at the documents you have been sent to see what the position is?

I was rear ended and suffered whiplash when stopped at a red light. Independent witnessed included 2 on duty police officers.
I claimed and was awarded loss of earnings.
Few years later my car was hit in a car pork when I was at my desk in work. Insurance sorted out the damage but I was HOUNDED by claims companies wanting me to claim for injuries that I could never have sustained because I was not in the car at the time of the accident.
Just saying .............

@Pollydonia well done for not getting sucked into it

But in that case you say you weren’t in the vehicle and not injured. Just because you might be ‘hounded’ re an injury claim doesn’t give you a defence when it goes wrong! You do have a choice whether to pursue a fraudulent claim or not. And chances are if you are pursuing a fraudulent claim you will be found out at some point. Might not be the initial claim but you will get found out at some point. And then it affects your credit rating and life generally. You won’t get loans, insurance, mortgages, jobs etc. this response is specific to the comment I’m replying to and not the OP.