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#Post#: 28374--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: July 2, 2024, 2:47 pm
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QDR Solicitors' conduct, as described, appears to breach several
key principles and rules set out by the Solicitors Regulation
Authority (SRA). Specifically, the issues with their behavior
can be broken down as follows:
1. Misleading and Untruthful Statements:
- SRA Principles: Solicitors must act with integrity
(Principle 2), not allow their independence to be compromised
(Principle 3), and act in the best interests of each client
(Principle 7).
- SRA Code of Conduct for Solicitors: Rule 1.4 requires
solicitors not to mislead or attempt to mislead their clients,
the court, or others. By suggesting they will ask the court to
order legal costs that are not recoverable in the county court
small claims track, they are potentially misleading you.
2. Threatening Behaviour:
- Professional Conduct: Solicitors must avoid actions that
may be seen as bullying or intimidation. Making threats that are
not legally supported can be considered as such.
- Unjustified Threats: The threat to claim legal costs beyond
what is permissible in the county court small claims track can
be seen as an attempt to intimidate you into paying the alleged
debt without proper grounds.
3. Pre-Action Protocol Breach:
- Civil Procedure Rules (CPR): The Pre-Action Protocol (PAP)
for debt claims requires that certain steps be taken before
court action is initiated, including sending a Letter of Claim
detailing the debt, providing 30 days for the debtor to respond,
and seeking to resolve the matter without litigation.
- By not issuing a Letter of Claim and jumping straight to
threatening court action, QDR Solicitors are in breach of the
PAP, which aims to encourage early and informed settlement of
disputes without the need for court proceedings.
4. Unfair Practices:
- Consumer Protection from Unfair Trading Regulations 2008
(CPRs): Engaging in aggressive commercial practices, which
include exerting undue pressure on a consumer to pay a disputed
debt, is prohibited.
- Making false claims about recoverable legal costs could be
considered a form of unfair commercial practice.
Specific Breaches
1. SRA Principles:
- Principle 1: Uphold the rule of law and the proper
administration of justice. Misleading statements undermine the
proper administration of justice.
- Principle 2: Act with integrity. Making false threats
regarding legal costs does not demonstrate integrity.
- Principle 6: Behave in a way that maintains the trust the
public places in you and in the provision of legal services.
Misleading statements damage public trust in legal
professionals.
2. SRA Code of Conduct:
- 1.4: You do not mislead or attempt to mislead your clients,
the court, or others, either by your own acts or omissions or by
allowing or being complicit in the acts or omissions of others
(including your client).
- 8.5: You do not waste the court’s time. Initiating
proceedings without proper grounds and in breach of the PAP
wastes court resources.
Solicitors are considered officers of the court in England and
Wales. As officers of the court, solicitors have a duty to
uphold the rule of law and ensure the proper administration of
justice. This role imposes several responsibilities on
solicitors, including:
1. Duty of Honesty:
- Solicitors must act honestly and with integrity in all
their professional dealings. They are required to be truthful in
their communications with clients, the court, and other parties.
2. Duty to the Court:
- Solicitors must not mislead the court, whether by making
false statements, failing to disclose relevant information, or
allowing misleading evidence to be presented. They have a duty
to act with candor and transparency in their dealings with the
court.
3. Upholding the Law:
- As officers of the court, solicitors must uphold the law
and ensure that their conduct is in accordance with legal and
ethical standards. This includes adhering to the Solicitors
Regulation Authority (SRA) Principles and the Code of Conduct.
4. Avoiding Conflicts of Interest:
- Solicitors must manage conflicts of interest appropriately,
ensuring that their duty to the court and the administration of
justice is not compromised by their obligations to their
clients.
5. Duty to the Administration of Justice:
- Solicitors must contribute to the fair and effective
administration of justice. This includes not engaging in conduct
that would bring the legal profession or the judicial process
into disrepute.
In the context of the situation you described with QDR
Solicitors, their role as officers of the court means that they
have an obligation to avoid making misleading statements or
threats. By threatening to seek legal costs in a manner that is
not supported by the rules governing small claims proceedings,
they are breaching their duty to the court and their ethical
obligations.
#Post#: 28402--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: Keeper
Date: July 2, 2024, 6:29 pm
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I think I might do this - I am lucky to have had some legal
experience in the past and have a vague understanding of the CPR
but many in my situation could be easily intimidating and
stressed out by these bullies.
If I do this, would you like me to keep thread updated?
#Post#: 28410--------------------------------------------------
Re: UKPC NTK - No Permit - Hook Rise, Chessington
DIR By: b789
Date: July 2, 2024, 8:57 pm
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Yes please. However, from experience, the SRA are only really
interested in solicitors who commit fraud on large scale. You
never know though!
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