Warning - do not use wolstenholmes solicitors

Horrified_Solicitor

anotherproblem wrote: »

Hi,

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..

The policy is for the benefit of the owner for the time being and is carried forward. It may need to be topped up if the insurance was taken out a while ago and the amount insured is too low. This is done by paying an additional premium and increasing the cover.

Brahan_seer_3

anotherproblem wrote: »

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.

Again I agree with Horrified Solicitor, but sometimes you can find that it is cheaper to take out a new policy rather thatn top up an existing one. It may not need topping up anyway if it is indexlinked. A stat dec from the neighnour would also be a good idea but you would need to get your solicitor to prepare it. Ask the neighbour to write out in plain English whatever it is they can say about the exercise of the right of way.

Brahan_seer_3

pacree wrote: »

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.

Delay can amount to neglect as can acting improperly. Pursue your claim and let us know the outcome.

Catwoman8950

pacree wrote: »

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.

I had an hour long meeting with DWF today when I went to collect my (probate) files which had been sent to Stirling Law by WH. I got the impression that DWF took a very dim view of this, especially when I gave them certain information about how my files came to be in the hands of Stirling Law (I now think the files were transferred to SL on 15th December last year, so well before the SRA intervention). DWF took a lot of notes and I suspect they are going to pass on what I told them to the SRA.

What I told DWF is as follows: The story I got from Imran Hussain when I called him on 15th December was that WH had contracted the services of another law firm to help them with the "excessive workload". I was not told who this firm was or whether they were going to take over my case. At the same time, he also gave me the impression that WH would carry on in business after the Christmas holidays, so at that stage I had no reason to suspect that my files had been misappropriated. I now know differently of course, especially after a conversation I had with my former solicitor at WH at the beginning of this year. I also mentioned that an eyewitness had seen files being loaded into a van on or around 15th December.

It was not until 4th January that I knew SL had my files when they wrote to me out of the blue asking me to sign a form authorising them to take over my case. Not only was I angry but I was also very concerned because there is a lot of confidential information in my files and I consider SL had no business taking possession of them without my consent. I do believe this is in breach of solicitors' rules and it is certainly in breach of the "terms of business" document I signed when I originally instructed Wolstenholmes. I think DWF are of the same opinion. Personally I would say that the files transfer was illegal rather than improper and it makes you wonder what the motivation for it really was.

Horrified_Solicitor

Catwoman8950 wrote: »

. Personally I would say that the files transfer was illegal rather than improper and it makes you wonder what the motivation for it really was.

Such assets as WH had consisted of the work in progress, such as your probate file. Obviously, the senior echelon at WH knew that they were going to be intervened in and the firm closed down. Basically, they were trying to hide the assets away by transferring files to another firm.

The SRA should look very closely at the arrangements between WH and Stirling Law.

witm

Hi, can anyone help me please? I do not know too much about conveyancing and the intervation that is happening. I need some advice please.

I have used Wolstenholmes for my conveyancing and the sale completed on the 26th November. I was the buyer. The fact that the sellers solicitor did not flag up anything wrong, the mortgage completed, the deposit was received and the fact that I have the keys to the new property suggests that everything was done correctly.

However there are a few post-completion tasks that I enquired about and Wolstenholmes told me that they have not done that yet and it takes many weeks after the completion. In particular I am talking about:

1 Title Deeds) (Title Register and Title Plan) Who would I approach right now? Will my mortgage company have them by now? or Do you (Wolstenholmes) still have them?

2 Registration of land) Also will the title deed show that the property has been registered with H. M. Land Registry or do I have to look else where to see evidence of my property being registered in my name?

• I have received a letter from DWF saying that they have my file, but I do know know what to do?
• Can I get the files?
• Do I have to transfer them to another solicitor?
• Who covers any costs incurred?
• I already paid Wolstenholmes for them to complete enerything; if I now have to give my file to someone else to complete everything who will cover this cost?
• Do I even need to appoint another solicitor?

Please someone help me?

EDIT:
I have read that there is a compensation fund which can deal with my situation:

"If your purchase has completed, but your legal adviser has not dealt with the payment of stamp duty land tax or registration of your property, you will need to prove to us that the legal adviser had enough money to complete your transaction.".

However now my problem is that I do know know what and where to check to see if things have been done properly or fully completed. Can anyone here maybe give me a "dummies guide" check list of everything that should have been done and where/how I can check to see if these have been done?

mjmal51

witm wrote: »

Hi, can anyone help me please? I do not know too much about conveyancing and the intervation that is happening. I need some advice please.

• I have received a letter from DWF saying that they have my file, but I do know know what to do?
• Can I get the files?
• Do I have to transfer them to another solicitor?
• Who covers any costs incurred?
• I already paid Wolstenholmes for them to complete enerything; if I now have to give my file to someone else to complete everything who will cover this cost?
• Do I even need to appoint another solicitor?

Please someone help me?

You need to contact the SRA for a claim form re. Wolstenholmes intervention.
WH will not have paid the stamp duty or registered the property, I completed before you and these were not done.
The SRA website tells you what you need to complete the claim form.
When you have proof and claim is sanctioned they will pay back the money that WH took for SD and registration.
Employ another solicitor, local, to carry out post completion and then claim for his fees. it is best, in my opinion, if he is authorised by you to get file back from DWF
Also contact Legal Complaints Service and make official complaint re. WH as some of the costs, consequential, will be their responsibilty.

witm

Thank you so much for your help.

I have what I need (copy of completion statement from WH and my credit card statements) to start a claim. Stamp Duty was not payable for me so its only the £200 that I paid to WH for registration that I want to claim back.

I will also make things simpler and appoint a solicitor to 1) get my file back from DWF 2) complete the registration.

However should I wait for the new solicitor to bill me and then make my claim to the Compensation Fund with his fee added on ~or~ should I send my initial claim and make a second claim for the solicitor fees later on?

Also as there is only the registration left (and im pretty sure I should be able to get this money back as Ive clearly paid and the work has not been done) is this something I can do without a solicitor???

Also, in my case, what costs can the Legal Complaints Service help me with?

Many thanks for you assistance.

Horrified_Solicitor

witm wrote: »

Thank you so much for your help.

I have what I need (copy of completion statement from WH and my credit card statements) to start a claim. Stamp Duty was not payable for me so its only the £200 that I paid to WH for registration that I want to claim back.

I will also make things simpler and appoint a solicitor to 1) get my file back from DWF 2) complete the registration.

However should I wait for the new solicitor to bill me and then make my claim to the Compensation Fund with his fee added on ~or~ should I send my initial claim and make a second claim for the solicitor fees later on?

Also as there is only the registration left (and im pretty sure I should be able to get this money back as Ive clearly paid and the work has not been done) is this something I can do without a solicitor???

Also, in my case, what costs can the Legal Complaints Service help me with?

Many thanks for you assistance.

Get a print out (called Official Copies) from the Land Registry of the title to your house. This can be done on line with a credit card at a cost of £8. This will show whether you are registered as owner of the house. If you are not, go and see a solicitor local to you who friends/family/workmates can vouch for. Do not select someone from the internet. Get the new solicitor to sort it out for you and then claim your losses as soon as the amounts are clear.

The first priority must be getting yourself registered as owner of your house.

mjmal51

witm wrote: »

Thank you so much for your help.


I will also make things simpler and appoint a solicitor to 1) get my file back from DWF 2) complete the registration.

However should I wait for the new solicitor to bill me and then make my claim to the Compensation Fund with his fee added on ~or~ should I send my initial claim and make a second claim for the solicitor fees later on?

Also as there is only the registration left (and im pretty sure I should be able to get this money back as Ive clearly paid and the work has not been done) is this something I can do without a solicitor???

Also, in my case, what costs can the Legal Complaints Service help me with?

.

There is still a doubt that the SRA have failed to clarify 100% yet, different people told different things, as to whether the SRA or LCS will be paying for the new solicitor.
You will have to decide whether to register it yourself, for me it was best to use a solicitor.
You can make a claim now and one later.
You do not need to pay the Land Registry to see if the property has been registered to you, they are very helpful on the phone when you explain about WH and will tell you the state of play re. registration.