Just because the claimant must prove their case and supply the necessary documents - that is no reason why you should not do your own homework and see where you stand legally.(posted 8425 days ago)The other side do not need to know that you've seen a barrister - but if they do know, they at least are aware that you are taking the matter so seriously that you're prepared to seek such advice. If their claim is weak, as most of them are, then knowing that a barrister is involved, could well push them to an early conclusion and a more realistic shortfall amount.
Lenders and insurance companies pursue their claims with the assumption that the ex-borrower doesn't know their rights or what the legal requirements are when pursuing a claim. Time and again, ex- borrowers have come to this bulletin board, and its the same scenario - the lender bullying them into thinking they owe the money and that they must pay up. Luckily, this site tells them this is not the case and what they can do.
But at the end of the day, none of us are solicitors. What we know has been found out through sharing experiences and research. Where questions are raised, then it makes sense to ask the person with the knowledge.
If your solicitor advises that counsel's opinion is whats needed, then go for it. If you don't then then dump your solicitor - you're wasting money paying for his time when he's unable to provide you with the resources for answers.