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Vulnerability Assessment Claim Questionnaire

If you believe a Claims Management Company or Solicitor failed to properly assess your vulnerability, please complete the appropriate questionnaire below. Your responses will help us determine if you have grounds for a claim.

Client Questionnaire: Claim Against Solicitor for Failure to Assess Vulnerability

1. Client's Vulnerability Status

1. What specific vulnerability did you have at the time you engaged the solicitor? (E.g., mental health condition, cognitive impairment, learning disability, language barrier, etc.)

2. Was this vulnerability diagnosed or documented by a medical professional before your engagement with the solicitor?

3. How did this vulnerability affect your ability to understand legal advice or make decisions?

4. Would your vulnerability have been apparent to someone meeting you? In what ways?

5. Were you taking any medication that might have affected your cognitive function during your interactions with the solicitor?

6. Did anyone accompany you to meetings with the solicitor? If so, who and what was their role?

7. Had you previously been treated as a vulnerable client by other professionals (doctors, banks, other solicitors)?

2. Initial Assessment and Client Onboarding

1. How was your first meeting with the solicitor arranged? Who initiated it?

2. Did the solicitor meet with you alone or was someone else present?

3. Did the solicitor ask any questions about your physical or mental health during your initial meeting?

4. Did the solicitor ask about any difficulties you might have in understanding legal matters?

5. Did the solicitor inquire about any medication you were taking?

6. Did the solicitor explain complex matters in simple terms or check your understanding?

7. Did the solicitor suggest or arrange for an independent capacity assessment?

8. Did the solicitor document your meetings with written attendance notes or recordings?

3. Evidence of Missed Vulnerability Indicators

1. Did you ever express confusion about the legal process to the solicitor? If so, how did they respond?

2. Did you ever directly inform the solicitor about your vulnerability? If so, what was their response?

3. Were there instances where you agreed to something but later realized you didn't fully understand what you were agreeing to?

4. Did the solicitor rush you through decisions or paperwork?

5. Did the solicitor provide documents in appropriate formats considering your vulnerability?

6. Did anyone (family member, friend, other professional) raise concerns about your vulnerability to the solicitor?

4. Harm and Damages

1. What specific legal matter was the solicitor handling for you?

2. What went wrong with the legal matter as a result of the solicitor's failure to identify your vulnerability?

3. What financial losses have you suffered as a direct result? Please be specific about amounts.

4. Did you enter into any agreements or contracts that you believe you would not have agreed to if properly assessed?

5. Have you incurred additional legal costs to rectify issues caused by the solicitor's failure?

6. Has your vulnerability worsened as a result of the solicitor's conduct?

7. How has this situation affected your mental or emotional wellbeing?

5. Documentation and Evidence

1. Do you have copies of all correspondence with the solicitor?

2. Do you have the client care letter or terms of business from the solicitor?

3. Do you have medical records documenting your vulnerability from before, during, or after your engagement with the solicitor?

4. Were there any witnesses to your interactions with the solicitor?

5. Do you have any notes or recordings of your meetings with the solicitor?

6. Did you keep a diary or make any contemporaneous notes about your concerns?

7. Do you have invoices or receipts for fees paid to the solicitor?

6. Previous Complaints or Actions

1. Have you already complained to the solicitor about this issue? If so, what was their response?

2. Have you filed a complaint with the Legal Ombudsman? If so, what was the outcome?

3. Have you reported the matter to the Solicitors Regulation Authority (SRA)?

4. Have you sought advice from another legal professional about this issue?

5. Have you taken any steps to mitigate your losses?

7. Timeline and Limitations

1. When did you first instruct the solicitor? (Exact date if possible)

2. When was your last interaction with the solicitor?

3. When did you first become aware that the solicitor had failed to properly assess your vulnerability?

4. When did you first realize you had suffered harm as a result of this failure?

5. Has the solicitor acknowledged any failure in their handling of your matter?

8. Specific to Mental Capacity (if applicable)

1. Did the solicitor discuss the "Golden Rule" regarding mental capacity assessment?

2. Did the solicitor suggest obtaining a medical opinion about your capacity?

3. Did the solicitor document your capacity to make specific decisions?

4. If a medical opinion was obtained, did the solicitor explain the purpose and implications to you?

5. Did the solicitor discuss appointing a litigation friend or involving the Court of Protection?

Client Questionnaire: Claim Against Claims Management Company for Failure to Assess Vulnerability

1. Client's Vulnerability Status

1. What specific vulnerability did you have when you engaged the Claims Management Company (CMC)? (E.g., mental health condition, financial hardship, bereavement, language barrier, etc.)

2. Was your vulnerability documented by any professional (doctor, therapist, social worker) prior to engaging the CMC?

3. How did this vulnerability affect your ability to understand the CMC's service or make decisions about your claim?

4. Would your vulnerability have been apparent to someone speaking with you? In what ways?

5. Were you taking any medication that affected your ability to make financial decisions during your interactions with the CMC?

6. Did you disclose your vulnerability to the CMC at any point? If so, what was their response?

7. Had other financial services providers (banks, insurers, etc.) previously identified you as vulnerable?

2. Initial Contact and Sign-Up Process

1. How did you first hear about the CMC? (Advertisement, cold call, recommendation, etc.)

2. Who initiated the first contact between you and the CMC?

3. Did you meet with a CMC representative in person, or was all communication by phone/email/online?

4. How long was your initial consultation or sign-up call with the CMC?

5. Did the CMC representative ask any questions about your personal circumstances during the sign-up process?

6. Did the CMC ask specifically about:

Your financial situation
Your health or well-being
Any difficulties you might have understanding financial matters
Whether you needed additional support or time to make decisions

7. Did the CMC representative explain their fee structure clearly?

8. Were you pressured to sign up immediately or given time to consider?

9. Did you fully understand what you were signing up for when you agreed to use the CMC's services?

3. Evidence of Missed Vulnerability Indicators

1. Did you express any confusion about the claims process to the CMC? How did they respond?

2. Did you ever mention financial difficulties or inability to pay fees to the CMC?

3. Did the CMC notice if you were struggling to understand information they provided?

4. Did you request additional time or explanation during any interactions? How did the CMC respond?

5. Did the CMC provide information in formats appropriate to your needs?

6. Did anyone (family member, friend, other professional) raise concerns about your vulnerability to the CMC?

7. Did you ever appear distressed during communications with the CMC? If so, how did they respond?

4. CMC's Services and Conduct

1. What type of claim was the CMC handling for you? (PPI, accident claim, housing disrepair, etc.)

2. Did the CMC explain alternative options for pursuing your claim (e.g., going directly to the Financial Ombudsman Service for free)?

3. Was the CMC's fee structure appropriate given your financial circumstances?

4. Did the CMC conduct a detailed fact-find about your circumstances before signing you up?

5. Were you given a cooling-off period after signing the agreement?

6. Did the CMC provide clear written materials about their service and fees?

7. Did the CMC follow up after initial conversations to check your understanding?

5. Harm and Damages

1. What specific fees or charges did you pay to the CMC?

2. Would you have used the CMC's services if they had properly assessed your vulnerability? What would you have done instead?

3. Has your financial situation worsened as a result of engaging the CMC?

4. Did you need to take on debt to pay the CMC's fees?

5. Has the CMC's conduct affected your mental health or well-being?

6. Has your underlying claim been compromised or affected by the CMC's actions?

7. Have you had to pay for additional services to fix issues caused by the CMC?

6. Documentation and Evidence

1. Do you have the original contract or agreement with the CMC?

2. Do you have records of all communications with the CMC (emails, letters, notes from phone calls)?

3. Do you have evidence of your vulnerability from the time you engaged the CMC (medical records, benefits documentation, etc.)?

4. Do you have copies of all fee payments made to the CMC?

5. Did you keep a diary or make any notes about your concerns regarding the CMC?

6. Were there any witnesses to your interactions with the CMC?

7. Do you have any recordings of calls with the CMC? (Many CMCs record calls for training purposes)

7. Previous Complaints or Actions

1. Have you already complained to the CMC about this issue? If so, what was their response?

2. Have you filed a complaint with the Financial Ombudsman Service regarding the CMC?

3. Have you reported the CMC to the Financial Conduct Authority (FCA)?

4. Have you sought advice from another professional about this issue?

5. Have you taken any steps to mitigate your losses?

8. CMC Regulatory Compliance

1. Did the CMC provide you with their FCA registration number?

2. Did they give you a copy of their complaints procedure?

3. Did they explain that you could refer complaints to the Financial Ombudsman Service?

4. Was their marketing material clear and not misleading about their services?

5. Did they clearly explain that they were a paid service rather than a free claims assistance service?

9. Timeline and Limitations

1. When did you first engage the CMC? (Exact date if possible)

2. When was your last interaction with the CMC?

3. When did you first realize the CMC had failed to properly assess your vulnerability?

4. When did you first realize you had suffered harm as a result of this failure?

5. Has the CMC acknowledged any failure in their handling of your case?

6. Are you still within 6 years of signing the agreement with the CMC? (Important for limitation periods)

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Vulnerability Assessment Claim Questionnaire

Client Questionnaire: Claim Against Solicitor for Failure to Assess Vulnerability

1. Client's Vulnerability Status

2. Initial Assessment and Client Onboarding

3. Evidence of Missed Vulnerability Indicators

4. Harm and Damages

5. Documentation and Evidence

6. Previous Complaints or Actions

7. Timeline and Limitations

8. Specific to Mental Capacity (if applicable)

Client Questionnaire: Claim Against Claims Management Company for Failure to Assess Vulnerability

1. Client's Vulnerability Status

2. Initial Contact and Sign-Up Process

3. Evidence of Missed Vulnerability Indicators

4. CMC's Services and Conduct

5. Harm and Damages

6. Documentation and Evidence

7. Previous Complaints or Actions

8. CMC Regulatory Compliance

9. Timeline and Limitations

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