Advice on no win no fee?

[blackcloud]

---

Hi all

Hope this is the right place to ask.
I have two questions?

1) Am I already deemed to have started services and am already in the 14 day cooling off peroid?
I contacted a no win no fee solicitor for personal injury to see if they can help? They asesed the information I sent them and they said yes we can take on the case and we will send the terms of business whixh I got today and is below. I'm confused am I already in contract and if I canceled am ai liable for any costs to them so far? I haven't signed anything yet. Just emailed them the evidence I have and if they can take on a no win and no fee whixh they said yes and here's our terms and conditions.

I just called them and they said technically you are now in the 14 days cooling off but if you canceled now there wouldn't be any costs to you, its only really there to protect us if you are futher down the line and we have spent alot of time and work and you suddenly cancel. Hope this is true?

2) what do I need to ensure of in small print? Do I need to ask for anything else in small print?
I have heard people taking out an insurance for if they loose in a no win no fee?

Anything in their terms and conditions below I should be worried about?

Please find terms of business attached.
They have offered to take on my case but I am nervous of any financial costs to me.

Any advice hugely appreciated

 

[motorbiking]

You don't need to have signed anything to instruct them, but they will need acceptance of the terms. Whether this is a good deal or not depends on the likely award. I note they are claiming costs + conditional fee. Some structure this separately. If you think the claim is going to be quite low (say 5-10k) you might be better finding someone who charges a higher %age minus awarded costs.

Once you move forward under CFA (no win/no fee) you must fully cooperate with them and allow them to drive your case. if you do anything that impacts your case.. they can come after you for the losses.

fee rate seems about right.

 

[blackcloud]

Thanks

When you say ". I note they are claiming costs + conditional fee. Some structure"

Who do they go after for this? Myself?

Would you personally go ahead with it? What would you make sure of before going ahead with a no win no fee.

So I don't need to have signed anything to instruct them?
So they could say I owe them something already? They said on phone if I changed my mind now they wouldn't come after me for anything. Hope True.

All they did is look at the evidence and decide they wanted to go ahead with it and emailed me that document

 

[Harry Bloomfield]

All they did is look at the evidence and decide they wanted to go ahead with it and emailed me that document

They need to agree to accept the case, and you need to agree to it too. At the moment, all you have seen is their conditions, which you now need to read understand, and agree to, before there is any commitment.

 

[blackcloud]

Thank you. I'm really nervous. Not sure if to go ahead with it or not. Worried somehow I may end up being charged with something.

 

[blup]

Doesn't no win no fee mean you don't pay your lawyers fees if you lose but do have to pay the other sides, thats the risk.

 

[Deleted member 294929]

Doesn't no win no fee mean you don't pay your lawyers fees if you lose but do have to pay the other sides, thats the risk.

That's not the way they make it sound. But makes sense.

Most of these no win no fees set ups must only take on the dead certs.

 

[Harry Bloomfield]

Doesn't no win no fee mean you don't pay your lawyers fees if you lose but do have to pay the other sides, thats the risk.

There were a series of no win, no fee cases on the news, a claim in regard to cavity wall insulation, causing damp, where (I think) the claim company went bust, and those customers faced massive bills. I couldn't follow, why that was.

 

[Harry Bloomfield]

In the early days of nw, nf - lad had an accident, whilst stood in traffic on his bike, a driver pulled out of a side road, and drove into the side of him. M/bike damaged, him taken to hospital with a leg injury. Then he got a phone call from a nw, nf ambulance chaser, offering to sue on his behalf, the phone passed to me. They were suggesting it would cost him nothing if they won, or lost, if they won their entire costs would come to them as part of the claim for damages, lad would get the entire amount of the award...

He won, including costs - but they tried to claim most of what he had been awarded, as part of their costs, until I stepped in, had strong words with the solicitor who had dealt with it, and explained to them that wasn't the way it had been originally 'sold' to the lad. The lad, got a cheque in the post, for the full amount.

 

[blup]

In the early days of nw, nf - lad had an accident, whilst stood in traffic on his bike, a driver pulled out of a side road, and drove into the side of him. M/bike damaged, him taken to hospital with a leg injury. Then he got a phone call from a nw, nf ambulance chaser, offering to sue on his behalf, the phone passed to me. They were suggesting it would cost him nothing if they won, or lost, if they won their entire costs would come to them as part of the claim for damages, lad would get the entire amount of the award...

He won, including costs - but they tried to claim most of what he had been awarded, as part of their costs, until I stepped in, had strong words with the solicitor who had dealt with it, and explained to them that wasn't the way it had been originally 'sold' to the lad. The lad, got a cheque in the post, for the full amount.

Sounds dodgy, the party at fault should have paid his costs

 

[motorbiking]

Thanks

When you say ". I note they are claiming costs + conditional fee. Some structure"

Who do they go after for this? Myself?

Would you personally go ahead with it? What would you make sure of before going ahead with a no win no fee.

So I don't need to have signed anything to instruct them?
So they could say I owe them something already? They said on phone if I changed my mind now they wouldn't come after me for anything. Hope True.

All they did is look at the evidence and decide they wanted to go ahead with it and emailed me that document

I'm saying you can form a contract without signing anything.. I'm not saying you did. e.g. "would you like us to go ahead and represent you? Yes please... ok I will send over the contract". At that point you have instructed them, but you can reject their terms and this alone would bring in to doubt that a contract was formed.

Your claim firm are asking for 20% of your damages award (assuming it is under 100k) and all of your awarded costs.

So Assume you win £25k damages and £8k costs. they get £13k and you get 20k. Some claim 25% of the total award which would be £8.25k

If you win £10k and 5k costs then they get 7k. In the other model they would take just £3.75k.

The only advice I can give is shop around and asses if you think the other side are likely to offer a settlement.

If you go down the CFA, on the plus side you know your legal costs are covered, on the downside if they want to settle for a lower amount than you think its worth, they have the right to settle.

Its rare to lose and get costs awarded against you in PI claims, unless their is litigation misconduct (e.g. you lied about the facts).