Personal Injury Claim Process and Solicitor Transfer

On 27/01/2011, there had a road traffic accident, resulted sever injury and permanent disability (cannot bend my right knee )

By the end of February 2011, I approach personal injury claim to the company called Hafez (name not is not real for DPA purposes), which agreed to take my case on no win no fee basis. This company conducted documents and did most of the job in my case, but later Hafez got in trouble with SRA and this company was closed by end of September 2014. My File was transferred to another company, called C.B. solicitors. In order to transfer my file to CB solicitors, it was 100 percent Hafez solicitors idea and decision and I was informed just after my file transferred.

The CB solicitors agreed to continue with my case, but they wanted to charge me success fee, I asked little bit more time to think about this. Around the same time I found advertisement in local paper and contacted the third personal injury claim company, called E&C (name not correct for DPA purposes ), they agreed to take my case on no win no fee basis, not pay success fee, which was more attractive and I signed CFA and transferred the authorization of the file to E&C solicitors.

E&C did final preparation on my case to the trial and lodged documents to the court (have confirmation letter what documents they lodged in the court).

10/11 March 2015 had Trial, which I lost because fraudulent statement was lodged in containing inconsistent information and forged signature on the last page of Witness statement of truth dated 10 March 2011. There was another statement of truth dated 11 March 2011, which had genuine signature on the last page. I noticed that, it might be the fraud in the witness boxes, and I did say it to the judge, but they make me more inconsistent. There also was some other important evidence withdrawn and was not lodged in the court (important photographic evidence from the accident scene, I contacted Thames Valley police and they provided much more photos, than it was lodged with the court.

After I lost my case, I did forensic handwriting examination of the signature from the copy of the document as only copy was available to me. The two expert report says that on balance of probabilities, the signature is fraudulent and might be poor attempt to copy genuine signature.

Few weeks after trial, I contacted E&C solicitors and asked about appeal and they advised me not to appeal, as the Judge did not believe how the accident happened. They knew how much mess fraudulent statement caused during trial but they still give me bad advice not to appeal. Also I asked about my file of documents, they reply to me by email, that they send my documents to after the event insurer. After this, I contacted E&C solicitors number of times, but they refused to give my file of original documents and ignored my emails .

12 January 2019, I contacted E&C solicitors again, requested originals statements, dated 10 March 2011 and 11 March 2011. I informed them that I will start legal action if they refuse to return my original documents after sending few letters and emails 5 of the March 2019 they confirmed by email (was attached letter and confirmed that they never had original documents. E&C advice me to contact C.B solicitors to get my file.

15 of the March, I, contacted CB solicitors, requested clarify situation regards my file and asked if they hold any Witnesses Statements of truth and other documents. I asked immediately to transfer documents to E&C solicitors.

Later that day on 15 March 2015, CB solicitors reply to my email that my file was collected and they believe that person who collected my file could be me.

As this cannot be correct, E&C was authorised to conduct my documents , 18 March 2019 I contacted CB solicitors and asked if they can photocopy authorisation to transfer my file this document would confirm and clarify situation about who collect my file.

Later on 18 March 2019, CB solicitors reply to me and confirmed that, file is in the storage.

19 March 2019, I send formal letter to CB solicitors and requested photocopy and forward to me all documents related to my authorisation to transfer file, and all requests what CB solicitors received while my file was in CB possession.

Later on 19 March 2019, CB solicitors send me lengthy reply that I am under misunderstanding DPA rights, I do not have photocopy of the Licence. They also reply that, the only data they hold is my address 2014 and my name, any other data they might have held no longer have they tried to convince me that they believe that they gave originals already. The straightforward question would arise from their reply if the file was collected by some person how they know the identity of person. As a lawyers company, they are probably in the best position to know and understand the process of transferring file and second and very important point is if my file was collected, why and how they still transfer my file to the E&C solicitors in beginning October 2014. They confirmed that, the file was collected already; they did not have a file. As a reasonable lawyers firm, they would inform E&C lawyers that file was collected (back in October 2014 file transfer was only few weeks old events and they would rise concerns about request transfer file which was collected). They would send some proof that file was collected as they confirmed they might had evidence of collecting file. There is no logical sequence and consistency in their story because they were caught lying and to avoid criminal charges they had to make my file disappear as expertise handwriting expert examined copy and concluded on the balance of probabilities signature is forged.

20 My 2015 was my first attempt to get documents from E&C solicitors. I contacted them by email they responded that my file was transferred to After The Event insurer (E&C did not have authorisation to transfer my file to ATE insurer t&c did not gave them authorisation to transfer my file (This part of my dispute is waiting in administrative court but my current barrister become inept regards this case and he not responding to me.

In February 2016, I contacted E&C Solicitors by telephone to request the copy of documents in respect of my personal injury case. As per E&C’s terms and conditions, it was agreed that, the copies would be provided to me and it would cost £120.00 this payment was duly made.

I was advised only after I had made this payment that the full file was still not available, as some documentation had been sent to the insurer, After the Event, even though I had not provided authorisation for this.

On 14 July 2017 I received information, that my file had been returned to E&C Solicitors so I e-mailed a further request for my copies, but I did not receive a response.

I followed this up by further e-mail on 15 November 2017, and then with a formal letter by e-mail on 12 January 2019. I also advised that I would visit the offices personally to collect my file on 31 January 2019. When I arrived to collect my file, the company receptionist explained that, the person responsible for my case was not in the office, and that they would contact me at a later date.

Hafez solicitors had a duty of care and by forging documents he breach that duty, also send forged statements to the medical expert whose report played important part in judgement and forged statement was sent to the accident investigation expert and this was also misrepresented. Hafez breached duty of care when he transferred my file to the company who lost my file E&C lodged fraudulent inconsistent statements to the court without checking and verifying that originals of the witness statement was available.

E&C solicitors breach CPR 27.6 which requires having originals during trial; CPR 27.7 clearly explains that this is a duty of legal representative. Also E&C failed to call very important witness about who witnessed how accident happened and gave quite clear description how accident happened soon after the accident when his memory was very fresh. E&C had a duty to check that originals which was available and if they did check the documents accurately, they would notice that statement of truths was very inconsistent it was far beyond reasonable person would go to court. They failed to do so again breach of duty of care, their action caused me to lose. And if they do the job more accurately, they would ask me to verify the statements of truth and would ask to sign them. And also E&C solicitors lodged my file in the country court, when it clearly should be lodged in to the High Court again bleached cpr and breached duty of care.

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