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Supermacs open Letter to Solicitors

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  • 17-04-2021 9:15pm
    #1
    Registered Users Posts: 4,571 ✭✭✭


    So just for legal discussion.

    I think fair play to him, I think he's the most vocal on it, but do you think it could bring unfair attention on the Solicitor's practice , or is it all fair and above board to publish?

    https://supermacs.ie/open-letter-to-tracey-solicitors-in-relation-to-insurance-claims/


    Dear Sirs,

    I am writing an open letter to you in relation to several Personal Injuries actions which you are taking against my companies. The reason for this open letter is that, outside of your demands for CCTV footage, you have either refused or neglected to respond to my replies to these actions that you are taking on behalf of your clients and I feel that it is important that we clear up a number of issues.

    On reading each of your letters of claim, I am struck by how they are almost identical in nature despite them being for 3 separate claimants even though the three alleged incidents are substantially different from each other. Indeed, the only difference between the 3 letters is the name of the claimant in the reference section. Is there a reason for this?
    Your letters are intimidating and threatening. I can only assume your intention is to have the effect of scaremongering to elicit a response? Yet, when I do respond you ignore it. The only time we have heard directly from you is when you demand CCTV footage.

    Why do your Letters of Claim state that we are responsible and liable for the claimants alleged injuries without any actual proof?

    Why do you automatically assume we are responsible when this is a matter for the Courts to decide?

    You also leave out the addresses of your clients in your letters, is this in case we would try and make contact with them directly and perhaps deal with the matter without your involvement? I again can only assume that you are doing this in order to ensure the matter progresses as far as possible thus ensuring higher legal fees for you and your company.
    In your letters, you have suggested that I pass them onto my insurer. Why would you not wish to engage with me directly particularly given the fact that I am self-insured in many instances? Again, I can only assume that you feel you can reach a much better outcome with the Insurance companies than those who are self-insured like myself, as it is abundantly clear that insurance companies are much more willing to settle claims. When I have replied to these letters requesting further details of the alleged incidents and alleged injuries, why have you chosen not to respond and give me details which would allow me to investigate and deal with your alleged claim on a more expeditious basis and perhaps avoid the need to bring matters to the Courts?

    Why do you choose to respond only when a Solicitor has been appointed on our behalf and PIAB proceedings have issued?

    I have noted also that you choose to issue your legal proceedings in the Circuit Court and High Court as opposed to the District Court when clearly some of these alleged incidents referred to should be at District Court level, if they even merit the issuing of proceedings at all? Again, is this so that you can ensure you obtain higher legal fees for you and your company?
    I look forward to your response to this letter and to the questions that I have raised above.

    Yours faithfully,


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Comments

  • Registered Users Posts: 1,876 ✭✭✭Sultan of Bling


    In respect of the last paragraph about taking a case through the circuit or high courts instead of the district court, AFAIK if a circuit or high court judge rules that the level of damages fall under district court levels the claimant must pay the difference in legal fees incurred by the respondent.

    Open to correction on this.


  • Registered Users Posts: 40,200 ✭✭✭✭ohnonotgmail


    I'm not sure I would want pat McDonagh to have my home address if I was making a claim against supermacs.


  • Registered Users Posts: 9,761 ✭✭✭Effects


    I'm not sure I would want pat McDonagh to have my home address if I was making a claim against supermacs.

    What's wrong with him having your home address?


  • Registered Users Posts: 40,200 ✭✭✭✭ohnonotgmail


    Effects wrote: »
    What's wrong with him having your home address?

    I'm sure he is a lovely bloke who would never think to contact you directly. Oh wait, he pretty much admitted that he would.


  • Registered Users Posts: 3,208 ✭✭✭ratracer


    Fair play to Pat McDonagh! It’s about time someone challenged the ridiculous ‘claims culture’ and the legal leeches who pursue, and indeed encourage, such vexatious claims in this country.

    At least he is a man of means who is able to question the system, and had proven in a number of cases that he is not willing to succumb, but has always said that if his companies are responsible for an accident they will settle costs directly with the individual.


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  • Registered Users Posts: 3,405 ✭✭✭boardise


    Delighted Pat McD is exposing these solicitors for the extortionate bullies that they are.


  • Closed Accounts Posts: 39 Extra user.


    I'm sure he is a lovely bloke who would never think to contact you directly. Oh wait, he pretty much admitted that he would.

    As long as he doesn't attemp to send any of his food i've no problems with it


  • Registered Users Posts: 5,646 ✭✭✭storker


    Treppen wrote: »
    So just for legal discussion.

    I think fair play to him, I think he's the most vocal on it, but do you think it could bring unfair attention on the Solicitor's practice , or is it all fair and above board to publish?

    I think it that far from being unfair, such attention would be well-deserved. It's high time a strong light was shone under the stones beneath which these ambulance-chasing leeches lurk. We don't usually get to see the details of the process just the direct results: news stories of ridiculous awards, or the indirect results: our premiums going up. Again.


  • Registered Users Posts: 9,761 ✭✭✭Effects


    I'm sure he is a lovely bloke who would never think to contact you directly. Oh wait, he pretty much admitted that he would.

    Or maybe he just wants to offer you a direct settlement, and avoid scummy solicitors making money out of both him and you?

    Is that possible?


  • Registered Users Posts: 1,183 ✭✭✭99nsr125


    I'm not sure I would want pat McDonagh to have my home address if I was making a claim against supermacs.

    He's a prick, this is the same guy who went to the high court to reduce people's wages by 50 cents an hour despite being millions in profit


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  • Registered Users Posts: 40,200 ✭✭✭✭ohnonotgmail


    Effects wrote: »
    Or maybe he just wants to offer you a direct settlement, and avoid scummy solicitors making money out of both him and you?

    Is that possible?

    i'm sure it is. It is also possible that he might intimidate you into accepting a lowball offer. why take the risk?


  • Registered Users Posts: 14,330 ✭✭✭✭jimmycrackcorm


    99nsr125 wrote:
    He's a prick, this is the same guy who went to the high court to reduce people's wages by 50 cents an hour despite being millions in profit


    I presume you are referring to the JLC being found unconstitutional.


  • Registered Users Posts: 81,404 ✭✭✭✭Atlantic Dawn
    M


    There should be a publically accessable leaderboard showing how much each solicitor firm has taken in personal injury claims, additionally doctors certifying these illnesses should be included.


  • Registered Users Posts: 33,712 ✭✭✭✭listermint


    What's specifically unfair attention to this solicitors?

    If they are willing to stand over the claims they should be willing for the publicity


  • Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    Just to add that the solicitors letter is basically the same boilerplate version used by nearly every solicitor. It is designed to frighten the recipient and it often has that effect.


  • Registered Users Posts: 28,501 ✭✭✭✭AndrewJRenko


    I'm sure he is a lovely bloke who would never think to contact you directly. Oh wait, he pretty much admitted that he would.

    Ah don't be paranoid, he probably just wants to line up a bunch of pen pals to all send the same nice letter to these people?

    https://fora.ie/pat-mcdonagh-clare-controversy-4216486-Sep2018/


  • Registered Users Posts: 1,876 ✭✭✭Sultan of Bling


    Just to add that the solicitors letter is basically the same boilerplate version used by nearly every solicitor. It is designed to frighten the recipient and it often has that effect.


    100%

    I think when people receive these letters, they panic.

    Only a judge can make an order.


  • Registered Users Posts: 2,906 ✭✭✭Dr Turk Turkelton


    Whatever about Pat McDonagh as a person it is great to see these ambulance chasing shysters being exposed.


  • Registered Users Posts: 1,224 ✭✭✭zerosugarbuzz


    listermint wrote: »
    What's specifically unfair attention to this solicitors?

    If they are willing to stand over the claims they should be willing for the publicity

    Personally I think is free advertising for the solicitors. I’ve never t seen a claim but if I were to I now know where to go.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    Now here's a leftfield suggestion


    Where it is obvious that the solicitors who initiated the case should have known it was false, that they then are responsible for costs if their client cannot pay.


    But isn't it funny how so many people who are unemployed or living off social welfare have these unfortunate accidents? Those who are gainfully employed and educated seems to have far far far less mishaps.

    Here's a great presentation on whiplash scam
    https://www.insuranceireland.eu/media/Dr%20Robert%20McQuillan%20-%20Minimal%20Impact%20Medical%20Aspects%20April%202015.pdf


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  • Registered Users Posts: 731 ✭✭✭bbbbb


    Just to add that the solicitors letter is basically the same boilerplate version used by nearly every solicitor. It is designed to frighten the recipient and it often has that effect.

    I would have thought the opposite; Because it is so obviously boilerplate and lacks any real substance or specifics, it would easily be dismissed or ignored?
    It almost reads like a phising email ffs...


  • Registered Users Posts: 726 ✭✭✭athlone573


    There is a lot of bluff and bluster there on both sides which I assume is par for the course.

    I guess the defendants have to be given an opportunity to gather information to challenge claims, at which stage does this normally happen?


  • Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    bbbbb wrote: »
    I would have thought the opposite; Because it is so obviously boilerplate and lacks any real substance or specifics, it would easily be dismissed or ignored?
    It almost reads like a phising email ffs...

    The likes of Supermacs would be well used to getting these letters, but small businesses and private motorists wouldn't. The good thing, however, about these letters is that the recipient will usually pass them straight away to their insurers. It gets messy when people try and respond to them personally


  • Registered Users Posts: 25,353 ✭✭✭✭coylemj


    Just to add that the solicitors letter is basically the same boilerplate version used by nearly every solicitor. It is designed to frighten the recipient and it often has that effect.

    +1 I got such a letter about 20 years ago from a firm of solicitors after a traffic accident which happened right in front of me as I was stopped at traffic lights. I hung around at the scene like a good citizen and gave my name to a Garda as a witness but this shower still sent me the boilerplate letter in an attempt to get me to admit it was all my fault.

    In doing so, they lost me as a prospective witness who could have given them ammunition for their client against the other guy, the fellow who caused the accident. Instead, they sent me this accusing letter so I ignored it and heard nothing more.


  • Registered Users Posts: 40,200 ✭✭✭✭ohnonotgmail


    The likes of Supermacs would be well used to getting these letters, but small businesses and private motorists wouldn't. The good thing, however, about these letters is that the recipient will usually pass them straight away to their insurers. It gets messy when people try and respond to them personally

    private motorists would never get such a letter. their insurance company would get any letters regarding claims directly.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    The likes of Supermacs would be well used to getting these letters, but small businesses and private motorists wouldn't. The good thing, however, about these letters is that the recipient will usually pass them straight away to their insurers. It gets messy when people try and respond to them personally

    This is the problem with these letters. They are worded in a threatening manner to unnecessarily frighten businesses into handing the letters to insurance companies in the hope that the insurers will make an offer of 10k for it to go away.

    That 10k is then added to the insured policy over the next couple of years.

    Until the day comes where the solicitors themselves are hit in the pocket for pursuing frivolous claims they know are untrue, this scamming by a certain type of solicitor will continue.

    The law society don't give a damn about such underhand mode of operation.


  • Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    private motorists would never get such a letter. their insurance company would get any letters regarding claims directly.

    My wife has one from an accident last year. Not sure how they got her address. It wasnt 100% correct but enough to get it to her.

    We've passed it on to our insurance company who are no dealing with it.


  • Registered Users Posts: 798 ✭✭✭Yyhhuuu


    Very interesting article in the Irish Times regarding Planning objections for a fast food outlet near Suprrmacs Eyre Square.

    I personally would never enter a Supermacs or other take away again..and I don't eat expensive fast food as it contributes to Heart disease and other cardiovascular diseases. I much prefer home made food.

    https://www.irishtimes.com/news/ireland/irish-news/woman-who-objected-to-rival-fast-food-outlet-works-for-supermac-s-1.3611771

    I also really objected to the way Mc Donagh referred to relatively low -paid employees on Covid 19 payments as: " like winning the Lotto". When he himself is a multi-millionaire.


  • Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    private motorists would never get such a letter. their insurance company would get any letters regarding claims directly.

    That is not correct, they do.


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  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    private motorists would never get such a letter. their insurance company would get any letters regarding claims directly.

    I did.

    Even through the company I work for, the other driver tried to personally sue me over a collision they caused and were found to be at fault.


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