Brendan Ferris & John Killah
In August 2003 I wrote to Wayman suggesting that there would be a dispute with her bill (this was when I discovered that it was four times the national average for such matters... and there was nothing difficult about this case). They didn't actually refuse to provide a detailed bill until October - however, in the mean time they had filed for a "Third Party Debt Order" (Garnishee Order) to try and obtain some of this money. This case was heard in October 2003 and that was when I met Brendan Ferris - the first person I had met from the Firm other than Wayman.
Brendan Ferris...
I actually liked Mr. Ferris and thought we got on very well. The "business" of the day really only served to annoy the Judge as it was effectively an attempt (by FDC) to undermine the Orders he himself had made in July - the outcome might have been rather different had we drawn a different Judge - luck of the draw?
You can tell a LOT by talking to someone - I was convinced that Brendan Ferris...
Didn't want to be there
Privately disapproved of Wayman's Misconduct
After that hearing I wrote This Long E-mail to Brendan Ferris in the hope that he could persuade his Firm to behave reasonably. You have to understand that at this point the OSS hadn't even assigned a case number, and I had not discovered the evidence which pointed to criminal behaviour. At very least this e-mail shows the lengths I was prepared to go to in order to obtain proper costs information which I felt (correctly) was my right. Sadly, there seems to be a "pecking order" in this Firm and Wayman's "word is law" Mr. Ferris was no help in the end
The "legal bullying" referred to in the LONG e-mail is responsible for this site... though I have waited more than SIX MONTHS for the OSS, before using it. It is worth noting the penultimate paragraph of that LONG letter. Again, it shows that I waited nearly six months before implementing the idea of getting other Legal Professionals involved. I did not take the "parallel action" mentioned - I had hopes of a fair deal from the OSS.
John Killah
I am perhaps the eternal optimist. Every type of business I have ever worked in, or come across, has some sort of complaints procedure. I had tried complaining to FDC Law about Wayman's conduct (other matters) as long ago as July 2002. It is somewhat depressing to have written complaints ignored or (worse still?) briefly dismissed by the very person your complaint is about. I had always assumed that a Partnership consisted of Professional Individuals capable of autonomous work, but that any Partner would take seriously a complaint against their Firm.
Having tried reasoning with Mr. Ferris I resolved to have one more go at complaint to another Partner. It took some doing but, on 6th November 2003 I received This Letter from John Killah - "Managing Partner". Mr. Killah's idea of "as soon as possible" would seem to be around the time hell freezes over... but I suppose it was convenient for FDC to say "Oh, John Killah of our Frome office is dealing with this"...
I did eventually get a reply from Mr. Killah dated 16th December - the same day, (or very soon after) Greg Clark of the OSS contacted FDC Law to ask them for a more detailed bill. Coincidence? It was one and a half pages that said almost nothing - but at least it was a response. He did claim to have looked at the documentation. I have no idea whether he actually did ... I mean, he has to be familiar with Principle 17.03? I believe his specialty is Criminal Law... perhaps he is not familiar with the CPR or the CPD but he has to have a normal sense for what is reasonable, surely? If he really did look at my complaint in any detail then I suppose that would make him an accessory - so more likely he did the absolute minimum - i.e. nothing.
This Firm has NO working complaints procedure.
Interesting footnote: May 2005: "At the beginning of 2005, John set up Anderson Killah to concentrate his skills and experience to help other lawyers enjoy a better lifestyle and make bigger profits. He remains a Consultant with FDC Law." - see here *** http://www . andersonkillah .com/services.html - Too busy, it seems, to investigate problems unless you happen to be a solicitor suffering from lack of profits and a poor life style. The poor wee things!
*** paste the address into your browser - I don't want to boost their search engine ratings by including a proper link as (strangely?) I have no sympathy for their "cause"