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Warning - do not use wolstenholmes solicitors

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  • Simply_Me_2
    Simply_Me_2 Posts: 106 Forumite
    edited 12 January 2010 at 11:40AM
    TRACIE-X wrote: »
    it never rains but it pours just to top it off estate agents went round to check the house were selling as im 2 hours away and the pipes have burst!!!!!!! i must be a really evil person dunno what ive done to be handed soooooo much bad luck. They are calling our purchasers solicitors now to tell them, but who's insurance will cover it mine or the risk insurance taken out by our buyers oh welll just another installment into the buying selling sage of Tracie ..........

    but have spoke to DWF and they say everything in order from file just waiting for the confirmation from abbey for SL to deal with purchase and then they can speak to SRA and find out when funds can be released ........

    will let you know

    A very depressed Tracie :'(

    Tracie please please hang in there. When all this first happened I swore some evil had befallen me or someone was trying to tell me not to buy the house. For your children, your family and yourself keep your spirits high there are a multitude of people working on our behalf to get matters moving.

    I look slightly older and more drawn than before because the stress at times has been unbearable, the tears endless. The more insensitive amongst us site cheap conveyancing so that we are clear that is not correct. Believing this to be an established firm, with 4 national offices, 160 employees all of which I now know were lies and a "no complete no fee" logo and an impressive website that's what drew me in. But no one absolutely no one deserved all of this.

    Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.
  • Simply_Me wrote: »
    Tracie please please hang in there. When all this first happened I swore some evil had befallen me or someone was trying to tell me not to buy the house. For your children, your family and yourself keep your spirits high there are a multitude of people working on our behalf to get matters moving.

    I look slightly older and more drawn than before because the stress at times has been unbearable, the tears endless. The more insensitive amongst us site cheap conveyancing so that we are clear that is not correct. Believing this to be an established firm, with 4 national offices, 160 employees all of which I now know were lies and a "no complete no fee" logo and an impressive website that's what drew me in. But no one absolutely no one deserved all of this.

    Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.

    Whose the insurance risk is will depend on the contract terms. You should speak to your solicitor.
  • Google44
    Google44 Posts: 10 Forumite
    mjmal51 wrote: »
    Unfortunately I started reading this thread on 15th Dec and people have received demands from the IR well after the 30 days quoted. I think the only way to be completely sure is to entrust all the post completion checks to be done by your new solicitor when the files are finally returned. Can't assume anything in this mess!
    Also it is not possible for us to know how much to claim for yet, that again will be at the end, for now just lodge a complaint with the LCS.
    I spoke to LCS explaining that I do not know how much money WH did not pay out from my funds (apart from not registering with LR) but they did not really offer any extra advice, just that they are overwhelmed. Would not have been such a problem if the SRA had done its job and intervened much earlier.
    It will also be possible to claim for compensation, as opposed to recompense of funds, for all the extras incurred plus stress, etc, but again the amount unknown and at the moment less important than getting all the the legal work done.


    Called my new solicitor, apparently the IR will not know about the purchase if the property has not been registered. So we will not get an IR demand yet. Was this part of the cunning WH plan?

    So the best thing to do is to call LCS and lodge complain.This (I think) may be done over the phone. Should I wait for DFW to contact me before instructing another solicitor or do you think LCS will deal with it as per link in post below mine.

    Thanks again, if I would not find this forum I'd be seeing a doctor now!
  • TRACIE-X wrote: »
    it never rains but it pours just to top it off estate agents went round to check the house were selling as im 2 hours away and the pipes have burst!!!!!!! i must be a really evil person dunno what ive done to be handed soooooo much bad luck. They are calling our purchasers solicitors now to tell them, but who's insurance will cover it mine or the risk insurance taken out by our buyers oh welll just another installment into the buying selling sage of Tracie ..........

    but have spoke to DWF and they say everything in order from file just waiting for the confirmation from abbey for SL to deal with purchase and then they can speak to SRA and find out when funds can be released ........

    will let you know

    A very depressed Tracie :'(


    Whose is the insurance risk will depend on the contract. You should speak to your solicitor.
  • rodeo12 wrote: »
    :confused:Hi,

    Unfortunately,:confused::confused:I am in the same shoes.I completed early september.
    Please, could you let me know how you intend to progess this to establish if your stamp duty has been paid and as well land registration proceedings with a new solicitors.

    Thanks


    For anyone who completed their purchases before the intervention they can check online at the land registry to see if they have been registered as the property's new proprietor. If they have then that means that the SDLT return has been submitted as well. If they haven't then they should consult a new solicitor to investigate including by requesting the file from DWF. The new solicitor can advise about the compensation claim and what to include in it.

    Manchester Law Society has posted the names of solicitors in the Manchester area who would be willing to act - see their website.

    Failing that you should go to a solicitor local to you who has been recommended.
  • mjmal51
    mjmal51 Posts: 596 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 12 January 2010 at 4:15PM
    Google44 wrote: »
    So the best thing to do is to call LCS and lodge complain.This (I think) may be done over the phone. Should I wait for DFW to contact me before instructing another solicitor or do you think LCS will deal with it as per link in post below mine.

    Thanks again, if I would not find this forum I'd be seeing a doctor now!

    You need to put your complaint in writing to the LCS as I said before.
    I instructed a new solicitor today and then if the file is found by DWF I will collect and pass to him. If the file is lost then he will need to start over again with the info I gave him.
    He does intend to contact the Land Registry to put a block on anyone else trying to register in their name, was a bit of a concern to me.
    LCS will appoint a case worker about 4 weeks after receipt of your complaint, I recommend sending it Special or recorded delivery.
    If DWF locate your funds they can release them to you to pay the IR and LR, if not we have to claim compensation from LCS. We will need compensation anyway for the fees of the new solicitor.

    Plus if you do need a doctor or therapist then that will have to be claimed for also!!! Seriously the SRA/LCS will consider a claim for stress and distress caused, how do you put a value on that?
  • Simply_Me wrote: »
    Tracie please please hang in there. When all this first happened I swore some evil had befallen me or someone was trying to tell me not to buy the house. For your children, your family and yourself keep your spirits high there are a multitude of people working on our behalf to get matters moving.

    I look slightly older and more drawn than before because the stress at times has been unbearable, the tears endless. The more insensitive amongst us site cheap conveyancing so that we are clear that is not correct. Believing this to be an established firm, with 4 national offices, 160 employees all of which I now know were lies and a "no complete no fee" logo and an impressive website that's what drew me in. But no one absolutely no one deserved all of this.

    Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.


    Ok latest update I asked DWF to seperate the claims for sale purchase as I am homless anyway it makes no difference to me having nowhere to go, the SRA have agreed to release the sale monies yipee but oh no now i've had the burst pipes the house is no longer in the condition that it was when we sold it to our buyers so sale cant proceed until sorted!!!!!! i dont know what they mean by sorted but if it is untill all the work is completed then I can say goodbye to my new house as the chain will NOT wait. see how much bad luck can one person have handed to them :(....

    and still no word from Abbey re authorisation..... oh the saga continues

    sorry for not complete good news

    A VERY SAD AND P***ED OFF
    TRACIE :(
  • Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.

    also I believe my contact refers to it being our purchasers insurance but I have made a claim on ours anyway to try and help matters........

    Tracie
  • TRACIE-X wrote: »
    Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.

    also I believe my contact refers to it being our purchasers insurance but I have made a claim on ours anyway to try and help matters........

    Tracie


    The Standard conditions of your contract will probably say that you are to transfer the property in the same physical state as it was at the date of the contract (fair wear and tear excluded). That means that you retain the insurance risk. However you are not obliged to insure. Frequently the Standard Conditions are amended so that the insurance risk passes to the buyer. If that is the case here then the burst pipes are your buyers' problem and not yours and they cannot use this as a reason to delay completion. Get your solicitors to check the Contract and fight your corner.
  • TRACIE-X wrote: »
    Upon exchange the perspective buyer should have had buildings insurance in place and thus this should cover it.

    also I believe my contact refers to it being our purchasers insurance but I have made a claim on ours anyway to try and help matters........

    Tracie

    As for Abbey who I also have my "new" mortgage with as having withdrawn it because of wolstenholmes conduct they then would not reoffer me the same rate funny enough. I had to start again with a new product that was not as attractive as the previous product offered but they have said they will write me a letter to assist my claim for compensation. All this after last week I lost my temper and went into the branch where I made my initital application I did not use an independent broker and complained that I was being given the run around being told different things by different people, right hand not knowing what left hand was doing in Abbey and no one returning my calls. then I made a complaint and threatened to sue and funny enough today I was invited in to sign my new mortgage application.

    I know it is difficult at the moment burst pipes et al but either yourselves or the buyers will be insured so even if you do have to right it you will be able to claim for it. But the previous advice given is absolutely correct stand your ground, you are almost there.
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