CC legal team

Surfer
Surfer Club Member Posts: 1,303 ✭✭✭
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edited November 2016 in Club Products & Services #1

Does any one know if the CC use an internal team to offer legal advice or an external organisation?  If internal, does their legal team have qualified lawyer or solicitor on the team who can answer consumer questions and offer help?  How much legal advice
can they offer and how far along the process can they take you or do you forget about the CC legal and go straight to a solicitor if you have a problem with a dealership for instance?

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  • JillwithaJay
    JillwithaJay Club Member Posts: 2,484 ✭✭✭✭
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    edited November 2016 #2

    I've flagged this up for a member of staff to see as you're asking a question regarding staffing.

    photo 78301b06-7bdd-45fe-8ae2-d4d2cae14135_zpssi5htrez.jpg

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited November 2016 #3

    I've flagged this up for a member of staff to see as you're asking a question regarding staffing.

    photo 78301b06-7bdd-45fe-8ae2-d4d2cae14135_zpssi5htrez.jpg

    The question actually relates to the standard of legal advice offered and not about staffing.

  • JillwithaJay
    JillwithaJay Club Member Posts: 2,484 ✭✭✭✭
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    edited November 2016 #4

    Appreciate what you're saying but I hope they can answer your question.

    photo 78301b06-7bdd-45fe-8ae2-d4d2cae14135_zpssi5htrez.jpg

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited November 2016 #5

    Okay thansk as I thought there may be a misunderstanding about my question.

  • Wildwood
    Wildwood Club Member Posts: 3,581 ✭✭✭✭
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    edited November 2016 #6

    These services are generally bought in from specialist firms although I do not know who provides the clubs service or their qualifications. You will not get top lawyers though from any of these free services

  • RochelleCC
    RochelleCC Forum Participant Posts: 337
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    edited November 2016 #7

    Hi Surfer,

    The Club’s legal advice line is supplied by an external organisation, and they will offer you free legal advice for any situation.

    As a member, you are entitled to use our Legal Helpline.

    Our Membership Team would be happy to give you the helpline number if you are happy to call in.

    Membership Services are on 01342 318813 and available Monday to Friday 8.45 to 5.30.

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited November 2016 #8

    Hi Surfer,

    The Club’s legal advice line is supplied by an external organisation, and they will offer you free legal advice for any situation.

    As a member, you are entitled to use our Legal Helpline.

    Our Membership Team would be happy to give you the helpline number if you are happy to call in.

    Membership Services are on 01342 318813 and available Monday to Friday 8.45 to 5.30.

    Thanks for the update however does this law firm specialise in Consumer Law?  As per one or two threads on here, posters / consumers have stated that they got advice from the CC legal team regarding an issue with a caravan and have posted the advice given
    and the advice has been rather poor and misleading. 

    One bit of advice conflicted with the current Consumers Rights Act 2015 and was very poor advice considering that the poster had the right to reject even after 30 days and up to 6 months depending on whether the repair was successful or not.

    I am not a lawyer or solicitor however I do try and keep up with changes in regulations as one of my subjects at university was law.  Surely the people that the CC use could do the same as it would be beneficial to members?

    I appreciate that many members may been given the correct advcie on many occasions, but the incorrect advice on two occasions recently does raise a concern and hopefully the club can address these concerns.  Thank you.

  • RochelleCC
    RochelleCC Forum Participant Posts: 337
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    edited November 2016 #9

    Hi Surfer,

    The legal helpline is designed to help our members, whatever the issue. The lawyers are qualified in all areas of the law, so they will be able to help you in any situation, should it be selling a property, bereavement, or indeed, issues with a dealership as you mentioned.

    In short, the lawyers are not necessarily specialised in Consumer law, but are well-practiced in all aspects of the law and should be able to help you.

    Hope this answers your question!

  • IanH
    IanH Forum Participant Posts: 4,708
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    edited November 2016 #10

    Did it, Surfer?

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited November 2016 #11

    Did it, Surfer?

    It has answered my question, but I am still wondering my one or two posters have been given poor advice which is why I asked whether they specialised in Consumer law. 

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,135 ✭✭✭
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    edited November 2016 #12

    It's a possibility that people were given correct advice but misunderstood what they were told. None of us are infallible and I don't think we can automatically assume the legal team was at fault. 

  • Wildwood
    Wildwood Club Member Posts: 3,581 ✭✭✭✭
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    edited November 2016 #13

    Solicitors are not infallible, I have dealt with numerous claims against them and like all of us they can get things very wrong.

  • Unknown
    Unknown Forum Participant
    edited November 2016 #14
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  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited November 2016 #15

    It's a possibility that people were given correct advice but misunderstood what they were told. None of us are infallible and I don't think we can automatically assume the legal team was at fault. 

    I agree TW, it is also possible that the lawyers are on occasion misled into providing inaccurate advice by the way problems are described to them and questions asked, as evidenced by the way some difficulties are described by members on this forum.  

     

    I am sorry but I have to disagree as any legal representative should know what type of question to ask in relation to the problem. 

    They do not have to have any knowledge of the goods, but to have an understanding of the law and how it can be applied to the situation.  After all most are trained highly paid solcitors and we are paying them for a service.

    I am referring to a thead where it seems that the poster was given the incorrect information regarding the Consumer Rights Act 2015 and rejection by the CC legal team and it is the sort of information that could not be misunderstood.

    As for a solicitor not being infallible, if they have doubts they should be consulting a more senior member of the their legal team as that is the way one learns to be better.

  • Unknown
    Unknown Forum Participant
    edited November 2016 #16
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  • brue
    brue Forum Participant Posts: 21,176 ✭✭✭✭✭
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    edited November 2016 #17

    Here are the CC website details

    To be fair to the advice team, they offer advice and we can't possibly know the full details concerning any individual conversations or outcomes. I notice the advice can be verbal or written. There have also been threads where members have thanked the team.

  • Tinwheeler
    Tinwheeler Forum Participant Posts: 23,135 ✭✭✭
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    edited November 2016 #18

    It's a possibility that people were given correct advice but misunderstood what they were told. None of us are infallible and I don't think we can automatically assume the legal team was at fault. 

    I agree TW, it is also possible that the lawyers are on occasion misled into providing inaccurate advice by the way problems are described to them and questions asked, as evidenced by the way some difficulties are described by members on this forum.  

     

    I am sorry but I have to disagree as any legal representative should know what type of question to ask in relation to the problem. 

    They do not have to have any knowledge of the goods, but to have an understanding of the law and how it can be applied to the situation.  After all most are trained highly paid solcitors and we are paying them for a service.

    I am referring to a thead where it seems that the poster was given the incorrect information regarding the Consumer Rights Act 2015 and rejection by the CC legal team and it is the sort of information that could not be misunderstood.

    As for a solicitor not being infallible, if they have doubts they should be consulting a more senior member of the their legal team as that is the way one learns to be better.

    Surfer, none of us can know what occurred in the particular case you refer to as we were not party to the conversations. I was pointing out only that there are other possibilities, as was DD. There really is no point in speculating further.

  • BlueVanMan
    BlueVanMan Forum Participant Posts: 382
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    edited December 2016 #19

    In the modern world IM(H?)O I'm afraid it just isn't possible for a lawyer to be "well practiced in all aspects of the law" any more than a professional sportsman could simultaneously claim to play football, golf, cricket, and swimming at a high level. I
    admire practitioners in small firms who are like GPs and who can correctly diagnose a wide range of illnesses/problems but also like GPs some of these problems need to be passed on to specialists to confirm diagnosis or to perform further treatment. This doesn't
    mean that free advice by the likes of CC is of no value and indeed in some cases it may be sufficient to assist with a problem. There is of course a problem of cost/benefit and recourse to the best advice may simply not be possible. Sadly the legal system
    favours those with the deepest pockets.

  • BlueVanMan
    BlueVanMan Forum Participant Posts: 382
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    edited December 2016 #20

    Solicitors are not infallible, I have dealt with numerous claims against them and like all of us they can get things very wrong.

    Write your comments here...As can loss adjusters Happy

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited December 2016 #21

    Having taken advice recently from the legal team, the advice offered is not from a lawyer or a solicitor, but some one who acts as a legal adviser similar to the adviser at CAB.  Should the CC be referring to them as a legal team if not lawyers or solicitors
    are invovled?  Surely that is misrepresentation?

  • brue
    brue Forum Participant Posts: 21,176 ✭✭✭✭✭
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    edited December 2016 #22

    The CC are providing a free basic legal advice service to members, I see no mis-represenation in this benefit. Obviously if you wanted more in depth help you would need to instruct your own solicitor.

  • Unknown
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    edited December 2016 #23
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  • BlueVanMan
    BlueVanMan Forum Participant Posts: 382
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    edited December 2016 #24

    Having taken advice recently from the legal team, the advice offered is not from a lawyer or a solicitor, but some one who acts as a legal adviser similar to the adviser at CAB.  Should the CC be referring to them as a legal team if not lawyers or solicitors
    are invovled?  Surely that is misrepresentation?

    Write your comments here...A couple of points one terminological. The terms "lawyer" does not have a specific meaning albeit in most contexts people use it when they mean "solicitor".  A solicitor is a specific legal profession in which to qualify a number
    of years of academic study (usually at degree level) and a number of years of  professional training including compulsory ongoing training are required. Additionally in Scotland (and possibly England) a person who has completed the above requirements and qualified
    as a Solictor cannot call himself or herself a solicitor unless they actually hold a practicing certificate (issued annually at considerable cost) by the governing body.

    it is not unusual for solicitors i.e. fully qualified persons to staff clinics at CAB.

  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited December 2016 #25

    To me and probably others, "Legal team" implies qualified lawyers or solicitors.  The advise given to me was okay but it seemed the adviser was not exactly too sure on some aspects of the Consumer Rights Act.

  • Unknown
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    edited December 2016 #26
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  • Rocky 2 buckets
    Rocky 2 buckets Forum Participant Posts: 7,101
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    edited December 2016 #27

    I personally wouldn't act on or quote any advice given by anyone other than a guaranteed professional with proven qualification. Advice on a telephone is a rough guide to me.

  • Unknown
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    edited December 2016 #28
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  • Surfer
    Surfer Club Member Posts: 1,303 ✭✭✭
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    edited December 2016 #29

    To me and probably others, "Legal team" implies qualified lawyers or solicitors.  The advise given to me was okay but it seemed the adviser was not exactly too sure on some aspects of the Consumer Rights Act.

    Unless you are an LLP yourself it is difficult to know whether you are getting good, full, and accurate advice.  Even then your specialty may not be in the same subject area.  

    Rocky & Deleted UserUser both your comments are very valid.  Although I have a qualification in Consumer law it dates back to 2001 and was only part of my BA degree.  Using the advice given by the adviser, reading up on the Act plus getting some advice from forums,
    I approached the dealer in the first instance and offered them an amicable solution which they took as compensation would have hit them in the pocket. 

    At present  we are happy with the agreement reached however if it is not honoured by the end of December unfortunately we will need to engage the services of a professional

  • BlueVanMan
    BlueVanMan Forum Participant Posts: 382
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    edited December 2016 #30

    The term Lawyer is a generic term used to describe anyone who is a Licensed Legal Practitioner (LLP) qualified to give legal advice in one or more areas of law. Put simply, Solicitors and Barristers are both types of Lawyer.  Bear in mind that there
    are others, for example those that are employed in house by companies and spend most of their time working on commercial contracts.  

    Write your comments here...No I don't think that is right DD (and there are other categories of qualified legal persons in the UK as well) but I doubt if the term has ever been formally legally defined (for example in legislation). 

    As an example in theory I could say that I was a qualified medical person because I passed a degree exam in Forensic Medicine but that would be a ridulous proposition.

  • Unknown
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    edited December 2016 #31
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