Dear Mrs. Basra,
Thank you for your recent email. My email of
December is below complete with the attachments also sent.
I suppose what I really want to know from ILEX
is...
1. Will ILEX deal with a
complaint against a Member whilst the LCS/SRA also have a complaint open against
solicitors of the same firm?
2. Is it worth me completing a
complaints form at this time? or should I wait on the SRA?
3. If I DO need to complete a
form, please can I have one and any guidance notes you may have?
You will find some of my deeper concerns
here:-
With ILEX Members getting even more "power" there
is clearly even more need for proper regulation of Members. If ILEX must
still play "second fiddle" to the Law Society then this will be a widening
"loophole". Please accept that I DON'T know what has happened since the
Legal Services Act or what other changes are planned. Is there anyone
(senior) in ILEX who can address these general concerns? I think many
members of the general public would be relieved if there is some "official"
assurances over these concerns. If not I suppose we must write to our MP's
and/or the OLSCC - but please forward this email to anyone you think can
help.
Many Thanks.
Yours sincerely,
Spenser Poultney
----- Original Message -----
Sent: Tuesday, December 23, 2008 12:32 AM
Subject: New Complaint - FDC Law, BA3 2DF
Dear Sirs,
As a "heads up" I attach a 9-page document and a
covering letter - both MS Word Documents. Signed
hard-copies were posted first class, "signed for", on 19th December 2008 to
the address on your web site http://www.legalcomplaints.org.uk/how-to-contact-us.page.
However, the Post Office informed me that the "8, Dormer Place" address now
comes up on their system as "Norton & Company, Solicitors"
(???)
Given the vagaries of the Christmas post and the
query over your current address, I ask you, please, to acknowledge receipt
of this email.
I also ask ILEX and the Bar Council to acknowledge
receipt. In ILEX's case I do not expect that you will take up the
complaint against Elaine Pitman until the LCS/SRA has dealt with the solicitor
complaints (unless things have changed?) - but please acknowledge receipt
nonetheless.
In the case of the Bar Council I need to know which
complaints you will now address? There are OLD complaints against Catriona
Duthie - but since the Court did not conclude that District Judge Rutherford had
been misled (in 2003) until 25th June 2008 - these complaints could not be
brought (properly) any earlier. The same goes for SOME of the complaints
against David Curwen - others are later but we were STILL missing pieces of the
puzzle until October 2008 (all thanks to Nigel Long for trying to justify his
own misconduct).
The third attachment, the PDF should interest
you ALL...
Top marks go to the ALCD.
Nigel Long was only a "minor player" (though a long-running one) in this Firm's
misconduct - and yet his fine was £5,000 with £500 costs - nor
did the ALCD have to wait on others (e.g. ILEX waiting on the Law
Society) in order to take action. The two heads upon which the
ALCD has already found are the first two heads against FDC Law...
Indeed, we see the stunt that the "Incompetent"
(H H J Cardinal, 2005) Patricia Wayman pulled in 2004 being mimicked in 2008 by
her arrogant and stupid understudy, Ben Whelan. May I
suggest this would NOT have happened if the Law Society had been even 10%
as good at the ALCD at enforcing it's own rules? Disciplinary action
against this firm is long overdue and this repeat performance by Whelan shows
that disciplinary action is probably the ONLY way to bring this firm into line
and to protect the public from their incompetence [SIC], dishonesty and
greed.
Beyond acknowledging receipt I do not expect any
further action this side of the New Year. Over the break I will flesh-out
the complaints (particularly for ILEX and the Bar Council) to make life easier
for you. Please navigate to http://www.lcs-test.co.uk/HomeNav.htm and
follow the links on the left hand side (more will appear over the
holiday). When this work is complete I expect to re-send the attached
MS-Word document with updated (working) links for your ease of navigation and to
assist your understanding.
Many thanks,
Wishing you all a Merry Christmas etc
Spenser Poultney