claim settlement but still no cash?

Irishbhoy1888

hi all , i settled a out of court claim with the hse for 150k nearly 3 months back and even though i was told the cheque would be with me within 2 to 6 weeks, its still not here 3 months later. I now feel as if im getting the run around, everytime i ring my solicitor she tells me they are waiting for it blah blah blah.
its getting to the stage now where i wish i actually took them to court as either they are taking the piss or else there is something else going on that my solicitor aint telling me.
Is there anything I can do to find out what's going on or push the people who is stalling on my cash into paying it? its really frustrating now and im not sure what else i can do.

Presumably there is nothing stopping you contacting the HSE directly to find out if your cheque has issued?

Irishbhoy1888

[Deleted User] wrote: »

Presumably there is nothing stopping you contacting the HSE directly to find out if your cheque has issued?

Everything is done through their solicitors who i did contact but was told that i need to see my solicitor for information. They wouldn't give me details on what's going on, just that they are still waiting on it to issue. Thing is, the process from what I'm told is that yhe check gets sent to some place in England first, then it goes to their solicitors and when they get it, they send it to my solicitors? This sounds very didgy to me, like they (hse) are trying to hide the cash. Anyway, im lost as to where this cash is at the moment.

mickdw

ask your solicitor to contact hse and seek firm time frame.
If your solicitor is giving you the run around, tell them you will engage an alternative.

Irishbhoy1888

mickdw wrote: »

ask your solicitor to contact hse and seek firm time frame.
If your solicitor is giving you the run around, tell them you will engage an alternative.

I have done this with him many times now, but what alternative action do I have to make him move into really pursuing it.

Irishbhoy1888

Irishbhoy1888 wrote: »

Thing is, the process from what I'm told is that yhe check gets sent to some place in England first, then it goes to their solicitors and when they get it, they send it to my solicitors?

Sounds strange to me. Is this what your solicitor has told you?

Lux23

Can you make a complaint to the Law Society?

Irishbhoy1888

[Deleted User] wrote: »

Sounds strange to me. Is this what your solicitor has told you?

yes, that's the process i was told has to happen before i receive the cash. it is strange i know but i feel now im being kept in the dark.

Irishbhoy1888

Lux23 wrote: »

Can you make a complaint to the Law Society?

Thats my next port of call if it don't arrive by mid week

Stheno

Irishbhoy1888 wrote: »

yes, that's the process i was told has to happen before i receive the cash. it is strange i know but i feel now im being kept in the dark.

Maybe its coming via a uk insurance company?

Irishbhoy1888

Stheno wrote: »

Maybe its coming via a uk insurance company?

Maybe, i dont really care once i get it but its being given the runaround that's stirring suspicions.

Stheno

Stheno wrote: »

Maybe its coming via a uk insurance company?

This might be it. It its medical negligence, for example, it would be handled by an insurance company, not primarily by the HSE.

NUTLEY BOY

Just a few observations before anyone lights the blue touch-paper !

The defendant's solicitors were correct not to speak to the plaintiff directly where a solicitor is still engaged.

It is not the plaintiff's solicitor's fault if the defendants do not deliver the damages cheque promptly. Automatic suspicions of malfeasance on the part of the solicitor are a bit premature and devoid of evidence.

That said, I would expect my solicitor to be pressing hard for delivery of the damages cheque as soon as is possible with a demand for interest on the damages because the plaintiff is out of the use of his money.

Indeed, if the delay is egregious enough, I would instruct my solicitor to also set a deadline for the defendants on the basis that if there is no compliance with it the settlement will be regarded as having been abandoned by the defendants and that the matter will be relisted or an application will be made to relist it for hearing.

Finally, I am assuming that the basis of settlement provides for payment of the damages to the plaintiff directly and in full i.e. there is no order for lodgement of the funds or part thereof in to court.

Work with your solicitor....................

December2012

Why don't you believe your solicitor? You trusted them with your work before now.

What have they actually said?