Successfully asserting my legal rights

Powered by the blessed Contract Law module, resilience acquired from the sting of unsuccessful TC applications, and a few neurodivergent traits.

By Colinette Hazel

Preface

How many of you find yourself hyperfocusing on something that most others may not. Have they asked you, ‘Why are you wasting your time on X?’ 

Sorry. What? I didn’t hear that. I was hyperfocusing. 

You might look up and perhaps give them a grunt or exclaim, ‘five more minutes!’ and continue passionately as you were. 

I admit I did this while on holiday. I was supposed to leave the hotel room as everyone awaited me, but I sat there, eyes glued to the Post Office Horizon Scandal Inquiry hearings. I understand precisely why my actions at the time annoyed people, but for what it’s worth, isn’t watching things live more exciting - like they do with football games and boxing matches? It’s just that my example is more on the ‘nerdy’ end, and regrettably, while on holiday…

I’ve always had a strong sense of right and wrong - so much so that growing up, I struggled to distinguish between a white lie, a societal norm and a flat-out lie. Now heavily equipped with life experience, I’ve come to understand the nuance and adapted. But it doesn’t mean I agree with it. I suppose there’s some masking: trying to blend in with society’s expectations and hiding your true feelings and behaviours because society expects you to. Otherwise, by the standards of a neurotypical world, you risk sticking out like a sore thumb. 

As a child, people often said I ‘care too much’ or was ‘too sensitive’. These days I believe it’s called empathy - and last time I checked, that’s highly valued in legal practice, especially given the rise in AI. Alongside sound legal advice, empathy is also what triggers referrals and returning clients.

I also have the canny ability to hyperfocus when something truly matters to me. When that happens, several hours pass in what feels like minutes. This led to me being labelled ‘disengaged’ (the irony!). It wasn’t until later in life that I realised these traits - magnified in neurodivergent individuals - were part of who I am. 

Ok, now onto my very exciting legal anecdote…

Anecdote

Finally, a degree that’s proven invaluable in real life! 

I’m excited to share that, thanks to my fabulous neurodivergent traits and the blessed PgDL Contract Law module - especially my lecturer’s continued emphasis on agency, UCTA 1977 and the CRA 2015 - I successfully reclaimed £X,XXX from two large companies after asserting my rights under misrepresentation. No courts, no lawyers. Just lots of patience and faffing around to assert my legal rights.

Company B remained entirely silent throughout, perhaps hoping I’d just give up - a tactic I’ve unfortunately seen too many times before, not only in consumer disputes but in everyday life and work settings. 

Company A repeatedly wrote, ‘There’s nothing we can do.’ 

Eventually, the blame-shifting began. First, they blamed Company B, then proceeded to blame me. 

Like many aspiring lawyers chasing a training contract or pupillage, I know the sting of rejection - bloomin’ ‘eck, has it built my resilience! By this point I had done absolutely everything I could, and frankly, I’d much rather have spent this time preparing for my final exams (which are in two weeks at the time of writing)! So I sent them my novice (yet persuasive) LBA - with supporting documents of course.

Within two hours, Company A’s Complaints Team actually called me. Their tone? Suddenly concerned. 

I played the game - something else experience and society once taught me I ‘should’ do. Then I politely declined their offer of a partial refund because they could, and should, do better. They said they’d call me back within two hours.

The phone rang again. 

Now the blame has shifted from Company B and fully onto me! I did not hesitate to call them out. I may have also started quoting the exact sections of the relevant acts. Bet they didn’t expect that!

The Complaints Supervisor went completely quiet. I eagerly waited for their response. Now, another partial solution was proposed. I said we can continue going in circles and waste everyone’s time or settle this amicably. I asked the advisor to clarify what actions they would take, as by now they were going back and forth on contradictory and indecisive attempts to settle. 

Finally, the Complaints Supervisor said, ‘On this occasion, Company A is willing to issue you the full refund.’ They did not hesitate to quickly mention, ‘Please be aware that the money is fully from the courtesy of Company A.’ 

‘Noted’, I said. ‘I appreciate your willingness to resolve this issue and finding a way around, especially considering that Company A and B are jointly liable.’ 

The Complaints Supervisor went quiet again and then asked, ‘Is there anything else I can help you with today?’ 

‘No, thanks. Thank you for your kind assistance.’ 

Reflection & Optional Reading

Since I was younger, I’ve seen friends and family surrender their rights simply because they neither knew their rights nor how to assert them – or didn’t have that same hyperfocus type of drive. 

One Employment Tribunal case I enjoyed reading and which explains hyperfocus in dispute cases is Wright v The Governing Body of Cardinal Newman Catholic School [2024] - see page 16 paragraph 65.

I used to believe that law and morality always aligned - how naïve of me. The systems still fail others: for example, someone I knew lost £XX,XXX to a builder and couldn’t recoup any of it. Since the builder ended up bankrupt, unsecured creditors are paid last - if anything is left that is.

Lesson Learnt

Pick your battles, for sure, but still stand up for yourself - especially if the respondent is not bankrupt. 

The nature and remit of my former career exposed me to various disputes, which have increased my confidence in handling similar matters. I’m not yet qualified so I absolutely can’t (and won’t) give legal advice. But nothing will stop me from enthusiastically signposting you to the relevant statutes and helping you navigate the arduous paperwork!