“Fake” solicitor’s “fraudulent misrepresentation” accusation backfires!

legal updates

It is a very serious matter to use the title of “solicitor” unless both qualified and authorised by the Law Society.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We are used to receiving obnoxious and greatly exaggerated letters from firms of solicitors – but one in particular got us rather irked. 

The repeated allegation was that our client had “fraudulently” misrepresented a car and that doing so was a criminal offence.

So we did our own research on the writer of that letter.  

We looked on the firm’s website and note that he was a “trainee” solicitor.  He was not showing up on the Law Society’s website as being a qualified solicitor.  We noted also that the individual was also a local councillor.  More research found the council of which he had been elected.  He sat on the council’s “Standards” committee.

We obtained, online, his formal Declaration of Interests to that council.  And lo and behold – he had declared himself to be a “Solicitor”!

Now anyone in the legal profession knows, it is a very serious matter to use the title of “solicitor” unless both qualified and authorised by the Law Society.  The word is a “reserved” or “protected” job title.  Indeed, a large number of job titles can only be used if strict qualification or licensing criteria are met.

And so we put it to the individual, that rather than accuse our client of fraudulent misrepresentation, he consider his own such misrepresentation.  We asked the question why he should not be reported to the Law Society, the Chief Executive of his council, his political leader and the press?

Another of his colleagues is now handling the dispute whilst his employers have “began the reporting process”.  We will ensure he is held to account.  He is a member of the Council’s “Standards” Committee so needs to set his own standards slightly above outright lies.

HowdenCompetitive, comprehensive, quick

One of the largest independent specialist motor trade brokers in the UK. Our extensive history of supplying insurance to the motor trade means we understand your business needs. By partnering with a specialist insurance broker like us, you get exactly what you need to protect your business.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Legal Disputes: Why traders should avoid direct contact

The urge to sort the matter out, or attempt to, can put a strain on the process and you may find yourself in a difficult position.

The etiquette of handling consumer complaints

It is always best practice to get involved while you have the chance and follow the correct process at the very beginning.

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

Selling the Dream vs. Reality: A Legal Perspective on Misrepresentation

A misrepresentation is where one party makes an untrue statement which leads a second party to enter a contract with the first party, where the second party incurs a loss.

Implications, assumptions, and confusion – why being clear on your actions could be key to winning

The diagnosis showed the third-party garage had failed to repair the vehicle to a satisfactory standard and this was relayed to the consumer.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

Claim Dismissed: No Proof of Fault at Purchase

Our member argued that numerous issues could have caused the overheating and ultimate failure.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.