Warning - do not use wolstenholmes solicitors

homelessmat

mjmal51 wrote: »

I know the post you refer to it was #896, but the content was incorrect on a few counts. To quote from it
"Consequential Losses are (for example); loss of stamp duty paid to WH - but not paid by WH, expenses paid to another Solicitor to complete the services not completed by WH, and other monetary losses."
"claims for consequential losses and pecuniary damages should be made to the LCS."
But the SRA are accepting claims for stamp duty, land registration, new solicitor's fees.
I think the LCS will be involved when it comes to claims for fines imposed and interest due to HRMC, but it would take no time at all for the SRA to post this info rather than people finding out by default.

In that case, accept my apologies, I remember it to be better than it was. Now I know the facts I can see that some items were mis-classified as consequential losses. The only comment I would make is that the SRA made it very clear to me that the only 3 items that they would release money for to my new solicitors was the 90% purchase price amount, Stamp Duty and Land Registration Fee. They would not authorise a release to cover my new solcitors fees nor the interest or damamges that my seller's are claiming for, due to my unwilling breach of contract.

As you say, the LCS/SRA procedures should be fully reviewed post this event as they do not seem to be in the 21st century, IMHO, and once things have settled for me it is something I will pursue with vigour.

Brahan_seer_3

anotherproblem wrote: »

Originally Posted by Brahan seer

Now I'll just sit back and wait for Another problem to lambast me

Not me gov![/QUOTE]

Glad you've not lost your sense of humour!!

Brahan_seer_3

anotherproblem wrote: »

exactly so what are you doing here!!!!!!!!!!!!!

You appear to have been very unlucky in your choice of solicitors. Next time, if there is a next time, rather than doing it yourself may I suggest that you use a solicitor local to you who has been recommended by at least 2 or 3 friends/acquaintances. Then ask for a free initial meeting. Most solicitors are willing to agree this. Then weigh up the solicitor and his firm before formally instructing them. If he/she knows that you have had a hard time before with other solicitors he/she will want to impress and hopefully that may help restore your faith in the legal profession, if only a little bit. We are not all !!!!!!!s.

anotherproblem

Brahan_seer wrote: »

You appear to have been very unlucky in your choice of solicitors. Next time, if there is a next time, rather than doing it yourself may I suggest that you use a solicitor local to you who has been recommended by at least 2 or 3 friends/acquaintances. Then ask for a free initial meeting. Most solicitors are willing to agree this. Then weigh up the solicitor and his firm before formally instructing them. If he/she knows that you have had a hard time before with other solicitors he/she will want to impress and hopefully that may help restore your faith in the legal profession, if only a little bit. We are not all !!!!!!!s.

I have had to use a local soliciter to sort the WH problems. She started off ok - I gave her £400 to complete the sale (that is register the property) I dare not pick the phone up anymore all she talks about is how she will have to charge more. it costs £150 just to open the file and so on. Last time I had to call about getting my driving licence and a household bill certified. I ended up in a right state she was not a bit interested in what I said to say just went off of one about the fact it was not included in the original work. (I didnt expect it to be) All she sees is money rolling in front of her eyes. I always pay my bills whatever they might be. But I expect to treated like more than a meal ticket. No I will do it myself next time. Not to save money but for peace of of mind.

Horrified_Solicitor

anotherproblem wrote: »

I have had to use a local soliciter to sort the WH problems. She started off ok - I gave her £400 to complete the sale (that is register the property) I dare not pick the phone up anymore all she talks about is how she will have to charge more. it costs £150 just to open the file and so on. Last time I had to call about getting my driving licence and a household bill certified. I ended up in a right state she was not a bit interested in what I said to say just went off of one about the fact it was not included in the original work. (I didnt expect it to be) All she sees is money rolling in front of her eyes. I always pay my bills whatever they might be. But I expect to treated like more than a meal ticket. No I will do it myself next time. Not to save money but for peace of of mind.

The problem that you are facing is that you have agreed a fixed fee for completing the sale. The only way in which a solicitor can make any money is by doing the work as efficiently as possible. If you agreed to pay on an hourly basis, then you would find that she was perfectly happy to listen to you at length and do any extra work that you wanted. However, it would all cost more.

Brahan_seer_3

anotherproblem wrote: »

I have had to use a local soliciter to sort the WH problems. She started off ok - I gave her £400 to complete the sale (that is register the property) I dare not pick the phone up anymore all she talks about is how she will have to charge more. it costs £150 just to open the file and so on. Last time I had to call about getting my driving licence and a household bill certified. I ended up in a right state she was not a bit interested in what I said to say just went off of one about the fact it was not included in the original work. (I didnt expect it to be) All she sees is money rolling in front of her eyes. I always pay my bills whatever they might be. But I expect to treated like more than a meal ticket. No I will do it myself next time. Not to save money but for peace of of mind.

I agree with what Horrified Solicitor has said.

You may not wish to deal with lawyers again, but the reality is that you would still have to deal with the other side's solicitor next time and if you require finance your lender would instruct a solicitor probably miles away from you to represent their interests. If on the other hand you instructed a solicitor local to you who was on your lender's panel you could get round the problem of your lender instructing one of the coporate boys in one of the major cities miles away form where you are.

The other problem you may encounter is prejudice. Very few solicitors like to act for a client when the other side is acting in person and they may put in your way what you may consider to be obstacles when in fact all they will be trying to do is work within the rules and in their client's best interests.

pacree

Hi, just joined first post.
Bit of history first:
Back in early November I started looking for a solicitor to handle a purchase and sale; I shopped around and then started looking for in line price comparisons. One of the places I found was Wolstenholmes LLP, their very helpful representative "Carl" informed me that if I paid the £450 deposit right now then they can get the ball rolling and we will beat the Stamp-duty holiday, so I paid the deposit filled out the forms, posted them off then nothing. (Thankfully they only got my deposit)
Without my permission WH sent my file to Stirling Law (someone at the SRA probably tipped of WH) and now my file is with DWF, I'm currently trying to get it back from DWF but they're milking it for every bit of paperwork possible.
I've gone with a new solicitor and in the space of 4 weeks I'm nearing completion, so I'm guessing that if WH had done the work they'd promised they would have easily completed before the end of 2009.
Now here's the point I'm working towards:
I've just finished speaking to the LCS regarding Consequential costs (in this case Stamp-duty) it appears that my claim will only be held up if I can prove "neglect" but the LCS are unable to provide a definition of "neglect". More worryingly is that according to the LCS when WH transferred my file to SL it was not illegal, it was "improper". So I'm now assuming that "improper" probably doesn't fall under "neglect".
Can someone on this thread please verify if the transferring of files to SL without permission was a clear breach of regulation, or just unusual/improper?
The phone call to the LCS was very non-committal; I suspect that the insurers are going to worm out of payment at every opportunity.

Horrified_Solicitor

pacree wrote: »

Can someone on this thread please verify if the transferring of files to SL without permission was a clear breach of regulation, or just unusual/improper?

Basically, the file belongs to you and WH were no more right in handing it to another firm without your permission than they would be in handing it to your neighbour. It's a clear breach of their duty to keep your business confidential.

anotherproblem

Hi,

I understand the principles of Indemnity Insurence within a conveyance. In my case it was to protect access to a peice of land and the title - As I have said before - although I am 100% sure that it was delt with by the sellors and they also did a statutory Declaration. What has happened is that my deeds are now with the new soliciter who said that there is evidence of indemnity insurence having been taken out by previous sellers (my sellors file as you now can't be found) What I wanted to know is is it the same insurence policy that is carried forward each time or does each sellor take out a new policy. It strikes me that if it is the same policy that carries forward then I will be able to contact the insurers once I have the deeds. Also as the sellors have gone and are abroad can someone else give a statutory declaration to support the fact that the sellors used the the area for acccess without any problems as The neighbors would be more than happy to do so. (I am loath to phone the soliciter I am with as she gets shirty. Thank you in anticipation.

anotherproblem

Horrified_Solicitor wrote: »

The problem that you are facing is that you have agreed a fixed fee for completing the sale. The only way in which a solicitor can make any money is by doing the work as efficiently as possible. If you agreed to pay on an hourly basis, then you would find that she was perfectly happy to listen to you at length and do any extra work that you wanted. However, it would all cost more.

Hi I was not aware that the fee was fixed. In my mind it was/is not possible to fix a fee as no one had any idea how much work would be needed to register the property. It's a by the by really as I have no intention of ever using the firm again. But thanks anyway.