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Monthly Archives: April 2015

I have been bitten by a dog whilst out canvassing for the election

You may not have been out canvassing, although this Election has seen more than 1 candidate being bitten by a home owners’ dog, but if you have visited someone’s house, whether to post a letter or knock on their door and have been bitten by their dog you are entitled to claim for the injuries suffered and any other associated damage such as ripped clothing.

The homeowner has an obligation to keep their dog under control and if it causes someone injury they should be liable. They are likely to have insurance that would cover the claim.  Whether your injury is minor or serious you are still entitled to claim.

If you  have had the misfortune of being bitten or attacked by a dog call Nick for free initial legal advice and I can help you take your claim forward.  Use the telephone number at the top of this page or the contact form to the side.  I am here to help you.

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Section 75 and 75A Consumer Credit Act Claims

Section 75

If you have bought goods or services for between £100 and £30,000 and paid for any part of the purchase price on your credit card the credit card company is jointly liable for the whole purchase price if the supplier goes bust or otherwise fails to deliver what you agreed to buy.

You do not have to try to recover your money from the supplier of the goods or services first you can go straight to the credit card company.  You can also claim from the credit card company for anything that you would have been able to claim for against the trader/supplier.  This may allow you to claim for consequential losses that you have suffered as a result of the failure to deliver what you had contracted to buy in addition to the reimbursement of the money you paid (eg you may be entitled to interest on your money until it is repaid).

They may try and argue you have no claim in which case you can call us for help.  We will look to act on a no win no fee basis.

I go into more detail in other posts which you can see here and here.

Section 75A

Where the purchase was between £30,000 and £62,260 and you used what is called a “linked credit agreement” to fund the purchase but the supplier of the goods or services has not performed the contract or refunded your money when asked or gone bust you could claim against the finance company.  Common linked credit agreements are found when you have new kitchens/bathrooms or wardrobes fitted.  The kitchen company for example would sell the debt (your purchase price) to the credit company and at the same time you enter into a credit agreement with that company.  I have done one of these myself for fitted wardrobes and it was far from clear who I needed to complain to.  The wardrobe company had their money so had little incentive to put things right.  The credit company had no knowledge or input into the wardrobe fitting so seemed happy to sit in their ivory tower and ignore me.  I managed to get some money back from the wardrobe company but had to threaten legal action.

Another common area whether section 75A might be relevant is for new car purchases which are often on finance offered and arranged through the car dealership or other significant purchases such as solar panels, kitchen, bedroom or other home improvements.

If you have these arrangements and are unhappy with the service call Nick for impartial friendly advice.  I am a senior solicitor who does his own blogs!  You will not be passed down the line!

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I logged my claim with a claims management company and nothing has happened

Claims Management Companies (CMCs) are organisations that are simply there to advertise for your claim, they would then take your details and possibly also some details of your claim and try and sell these details on to firms of solicitors who would then represent you in that claim.  They are not solicitors and are unlikely to employ legally qualified people such as solicitors.  Until recently they were not regulated at all and could use any technique to try and hook you in.  They are now regulated but this is only very recent and the regulations are untested.  Unlike solicitors who are heavily regulated and have an abundance of duties to act in your best interests.

It is often difficult to tell whether a CMC is a CMC or a firm of solicitors, particularly as many solicitors do not have the name solicitors in their name or on their web page.  In the small print on the web site at the bottom all solicitors must have a notice that they are regulated by the Solicitors Regulation Authority.  If this is not there then it is likely to be a CMC.

You do not have to use a CMC in order to pursue your claim, whatever you might have been told over the telephone! Why not cut out the middle man and instruct a solicitor yourself.  It is not difficult or scary and whilst legal aid might be hard to come by these days with this government’s cuts and tinkering with the justice system solicitors have to explain how they intend charging you for their services and virtually all solicitors representing claimants in personal injury claims will do so on a no win no fee basis.

Plenty of solicitors have websites such as ours where you can make an enquiry via an online form or simply send an email.  I would be happy to give some preliminary advice on the merits of a potential claim for free in the hope that you might then wish to instruct me to represent you.

Apart from another level of form filling and question asking that the unnecessary CMCs bring to the claims process it may be some months before they find a buyer for your claim and this is simply time wasted.  Sometimes there are time limits such as the 3 year time limit to issue legal proceedings from the date or your accident or injury and missing these time limits are likely to mean you lose your chance to claim.  You do not want your “claim details” languishing in a CMCs database whilst they try and negotiate the best price.  Even when they manage to sell your details on they don’t have any say in how the claim is handled and I doubt they care once it has gone from their books.

YOU as claimant have the right and freedom to choose which solicitor represents you and whatever the CMCs say they cannot force you to be placed with a solicitor of their choosing.

I am a senior solicitor, and I work with another senior solicitor running Sentinels Solicitors Ltd.  (we don’t have lots of non-qualified people doing a solicitor’s job we do the work and run the practice including me doing my own blogging!).  We are a friendly bunch and happy to give some straight forward advice in a telephone call or email to help you decide how and what to do with your claim.

If there is NOTHING HAPPENING with your claim you should be able to withdraw it from the CMC and instruct a solicitor or your choosing.

ITS YOUR CLAIM NOT THEIRS – TAKE CONTROL NOW AND INSTRUCT A SOLICITOR.

 

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Directors: Victoria Jane Carr LLB (Hons). Nicholas John Bettridge LLB (Hons).
Registered Office: 792 Wilmslow Road, Didsbury, Manchester, M20 6UG
Sentinels Solicitors Limited is a company registered in England & Wales. Registered Number 5984329
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