Warning - do not use wolstenholmes solicitors

distraught

Yes, lets hope justice will be done and the SRA buck up their ideas when dealing with situations like this. From reading the forum it looks like lots of people could have been saved all the hassle and stress if the SRA had acted sooner.

I recently received my file from DWF. House purchase has already completed as started again with another solicitor. Made an interesting read though. Lots of duplicated paperwork, original paperwork advised by Wolstenholmes that they had not received was there along with the copies sent and at least 3 copies of the HIP pack.

Catwoman8950

Brahan_seer wrote: »

Some things are perhaps implied by the article but clearly cannot be expressed

I believe this story was alluded to quite early on in this forum. The more I think about (and know about) the set up at WH, the more uneasy I feel. Creepy :eek:

Brahan_seer_3

Now that everyone has voted does anyone have any news?

Brahan_seer_3

I have recently had the opportunity of inspecting an adjudicator's decision following a complaint to the LCS.

The adjudicator stated that in arriving at his decision in accordance with the Solicitors Act 1974 (from which he derives his authority) he must consider whether " the professional services provided by the solicitor in connection with the matter in which he or his firm have been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of him as a solicitor". He was therefore only concerned as to whether the service provided was reasonable.

In arriving at his decision he took into account the adequacy or otherwise of the costs information supplied, failures to update and delays in dealing with the matter including in dealing with the complaint.

He ordered a reduction in costs and compensation for the upset and inconvenience to the client.

In making the order he directed that the llp in question and a named partner/member should be jointly and severally liable for the award. That was on the basis that the firm and/or the named partner/member should comply with his decision within severn days. Non-compliance would result in the matter being referred without further notice to the SRA to consider an application to the Solicitors Disciplinary Tribunal.

The client was otherwise told to contact the firm's professional indemnity insurers in the event of non-compliance.

Can anyone else share their experiences of their dealings with the LCS, the awards made and how if at all the insurers have dealt with any non-complaince issues?

keiran

Brahan Seer
Are you able to indicate the level of costs/compensation you were awarded?

I haven't pursued my claim as my fear is that it would be long drawn out and arduous with unsatisfactory or even derisory compensation, which in any case would be hard to extract from the insurers.

If this scenario isn't the case, i may go ahead with my claim

btw, all, I obtained my file from DWP. Although I expressly notified them that there was no new lender on the property, they returned my form stating that they needed the lender's consent for the file to be released. They then didn't include the redemption statements, claiming these were the property of the old lender. Eventually I received the file, but many other documents arrived some weeks later.

The point here is that DWP is supposed to be efficient, appointed by the Law society!!! they were as incompetent in my dealings as any other laywer firm. And of course, they probably get paid for each phone call and letter they do by the Law Society.

I had complained to my MP. I heard from the CEO of the SRA. He merely repeated the steps SRA had taken AFTER the cloure. He said he would respond to the other points about the ineffectiveness of the SRA once he had investigated. I have heard nothing since. I chased this with the MP, who stated stupidly that no new letter had been received. to forward on. He appeared too lazy to grasp the idea of assertive questioning, and chasing for answers after an appropriate period of time.

All in all I am now coming round to the idea that few people/organisations are competent or have any pride in their work. The answer may be to have as little to do with these knuts as possible. It is impossible to battle with them all on all fronts

mjmal51

Brahan_seer wrote: »

Can anyone else share their experiences of their dealings with the LCS, the awards made and how if at all the insurers have dealt with any non-complaince issues?

Received compensation from SRA for all money lost to WH, stamp duty, LR, new solicitor, etc several weeks ago.
I then sent a claim to LCS as per their instructions with a fully detailed letter of events of the poor service from WH.
Just had a reply saying that in order to progress they want a copy of my file rescued by DWF - no chance! - that is now in the vault of my new solicitor and is not being risked in the post.
They also want an itemised phone bill showing all the calls I made to WH before intervention. As these were mainly in Dec, local, and all I got was a message upon which I immediately put the phone down, they were too low to be itemised on my bill. Also I get e bills and Dec is deleted anyway.
They want proof I completed on 4th Nov which I have but so do the SRA.
They say if the claim is successful they will ask WH to pay (in administration!) and if not then I will have to pursue via their insurers, not a lot of hope there either!
If I do not reply in 15 days my case will be closed and I can't really see that they will do anything so about to give up, which is what they want anyway.

Brahan_seer_3

In reply to Kieran's posting it wasn't my complaint but someone else's. The award included an order that costs should be reduced by over one third. However that was on the basis that inadequate costs information had been supplied at the outset. The compensation for upset and inconvenience was £500, so not to be sniffed at.

However if nether the firm in question nor the named partner pay up within 7 days the complainant then has to take the matter up with the firm's indemntiy insurers. Has anyone got that far and succeeded in getting money form the insurers?

I have to say that the complaint was thoroughly investigated, but the LCS can only investigate if all relevant material is put before them. That includes the files.

Even if an award is not met either by the firm or partner or the insurers the matter would get reported to the SRA for disciplinary action which should at least give any complainant some satisfaction.

Undoubdtedly there would be hassle in dealing with any complaint but the LCS asppear to work to strict time limits.

Kieran and mjmal51 should think again before deciding to drop their compalints to the LCS.

mjmal51

Brahan_seer wrote: »

I have to say that the complaint was thoroughly investigated, but the LCS can only investigate if all relevant material is put before them. That includes the files.

Even if an award is not met either by the firm or partner or the insurers the matter would get reported to the SRA for disciplinary action which should at least give any complainant some satisfaction.

Undoubdtedly there would be hassle in dealing with any complaint but the LCS asppear to work to strict time limits.

Kieran and mjmal51 should think again before deciding to drop their compalints to the LCS.

There is no way that I am sending off my hefty file to the LCS, the cost of secure delivery would be high and am not confident that the LCS would return it securely. Also my file now contains work done by the new solicitor and I don't know exactly what was in it when it went from DWF directly to him.
The letter I received from the LCS was 3 full pages of A4 setting out all their requirements and I get the distinct impression they do not want to help people with WH claims.
Carrying on now just so that people at WH (deceased) might get a slap on the wrist is not worth it to me. It is extremely unlikely that any money will be received and it is best to call it a day.

keiran was right in his post to say
"I haven't pursued my claim as my fear is that it would be long drawn out and arduous with unsatisfactory or even derisory compensation, which in any case would be hard to extract from the insurers."

Catwoman8950

mjmal51 wrote: »

There is no way that I am sending off my hefty file to the LCS, the cost of secure delivery would be high and am not confident that the LCS would return it securely. Also my file now contains work done by the new solicitor and I don't know exactly what was in it when it went from DWF directly to him.
The letter I received from the LCS was 3 full pages of A4 setting out all their requirements and I get the distinct impression they do not want to help people with WH claims.
Carrying on now just so that people at WH (deceased) might get a slap on the wrist is not worth it to me. It is extremely unlikely that any money will be received and it is best to call it a day.

keiran was right in his post to say
"I haven't pursued my claim as my fear is that it would be long drawn out and arduous with unsatisfactory or even derisory compensation, which in any case would be hard to extract from the insurers."

I tend to agree with Mjmal51. I really think we have to weigh up whether it is worth pursuing a claim with the LCS. WH is now in administration and any staff that we would want to name specifically in any claim have been made redundant. We also have to consider whether the individual solicitors were at fault or the firm as a whole because of the way it was run. I personally believe the latter, whilst it would seem that you have to make a complaint against an individual rather than the firm.

Although I would like to claim for the distress that WH caused me - i.e trusting them to handle the probate of my late mother's Estate whilst residing outside of the U.K. and all the problems that caused - in my case it will be difficult to prove because all I have as documentary evidence is a few e-mails during the final days of WH. It would not even be worth letting the LCS have my file because it proves nothing. Those final e-mails of complaint that I sent weren't even in it! Up until my solicitor left WH at the end of October 2009 they had actually done a good job for me as I saw from my file when I obtained it from DWF. It was after that that things started to go wrong.

I have submitted my claim to the SRA for the money that WH still owed me and if they reimburse me in full, I will satisfied. However, if they turn round and say that I should pay any further legal fees after the end of October 09, then I WILL be complaining to the LCS :mad:

mjmal51

Catwoman8950 wrote: »

I have submitted my claim to the SRA for the money that WH still owed me and if they reimburse me in full, I will satisfied. However, if they turn round and say that I should pay any further legal fees after the end of October 09, then I WILL be complaining to the LCS :mad:

I am sure that the SRA will refund all your losses, they did not quibble reimbursing my extra legal costs to sort out WH's failure.
Also the WH solicitor that I used for the house purchase was very good and got me the completion date I wanted. He then moved dept. and it was post completion that was the problem and reading between the lines it was a deliberate policy of the WH management - suspected dishonesty to quote the SRA.
The LCS would require me to name the solicitor that acted for me as the culprit and that was not the case.