Warning - do not use wolstenholmes solicitors

Simply_Me_2

Brahan_seer wrote: »

Were did they send this report. If Wolstenholmes still exist where are they operating from? Or is someone else acting for Wolstenholmes?

I would of thought to their home addresses providing they gave that correctly. Given that only Imran Hussain and Helen Murgatroyd are recorded as principals/partners/members I wonder if the others Mr Ilyas and the two others who had resigned from membership will also be given the opportunity to comment.

The SRA did not tell me what would happen if objections were received.

Simply_Me_2

picklesjsw wrote: »

In addition people incorrectly think that all 3 bodies are regulators which is wrong.

Let me explain a few things (this only applies to England & Wales and to Solicitors - not to Legal Executives or Barristers):

The regulator is the Solicitors Regulation Authority ("SRA"). The SRA are responsible for pursuing disciplinary action against Solicitors through the Solicitors Disciplinary Board. They regulate Solicitors, and prepare the Code of Conduct for Solicitors.

You forgot to mention that the Law Society is still the responsible overarching body for both the Legal Complaints Service and the Solicitors Regulation Authority. And whilst you appear to have detailed knowledge of the link/relationship between the three bodies unfortunately the perception held by those of us who have had to deal with the SRA/LCS is that things would be simpler if we were dealing with just one authorative body who appears to know what they are doing. The general public is confused, this model of regulation is not working. It is correct to use the term regulation albeit loosely but the LCS still makes a judgement in respect of service and has the power to award compensation or reduce fees etc. If not regulation then what shall we call it?

mjmal51

Thanks to picklesjsw for post #896 but it just confirms what a complicated procedure we all now face, after all we are just punters buying and selling houses, not legal experts, that is why we employ solicitors. The procedure outlined is just going to add even more stress to everybody.
It would have been so much better if we could have just passed over sorting out the problems and money recovery to the new solicitor that we appoint.

In fact picklesjsw as the post was long and replied to so many posters could we have an Idiot's Guide
1. Claim to LCS for money paid to WH not paid out to IR, LR,etc? as you say these are consequential but the SRA imply the claim is to them.
2. Claim to LCS for new solicitor's fees for completing the transaction + whatever else, phone calls, interest lost, unquantifiable stress, etc
3. You recommend that we personally make the claims without the solicitor.
Are these correct?
From your post all my losses are consequential as it appears the completion of purchase was OK, will know more when file comes back. It was post completion that problems occurred.
The post implies my claim is with LCS not SRA, but their website re. WH clients implies otherwise and the claim form is an SRA one.
Still confused!
This is from the SRA Compensation Fund guidance notes
"Stamp duty land tax land registry fees

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."
Also
"If you ask a new solicitor to help you apply to the Claims Management Unit and you receive a payment from the Compensation Fund, we may also pay your new solicitor's reasonable costs for dealing with us. However, we cannot pay these costs if you are unsuccessful with your claim." which also contradicts one of the statements in picklesjsw's post

homelessmat

Horrified_Solicitor wrote: »

This is an excellent post. I've been picked up on a couple of points which I concede - one was a typo, the other was based on my experience of making a complaint which might not have been typical.

Can it be made some sort of sticky because it cover an awful lot of the issues very succinctly?

I agree - a fantastic post. Essential reading for anyone affected by the intervention of WH.

vfmfca

picklesjsw wrote: »

I think vfmfca is VERY confused.

The Legal Services Commission ("LSC") is not the same as the Legal Complaints Service ("LCS"). The LSC deals with legal aid and legal policy in the UK.

Complaints made to the LSC are regarding legal aid providers, not generally against any Solicitor (this can included Barristers & Legal Executives as well).

The reason complaints made to the LCS are not automatically shared with the SRA is very simple. Not every complaint relates to a breach of the Solicitors Code of Conduct.

The same argument that vfmfca makes could be made regarding financial institutions. Why doesn't the Financial Ombudsman Service ("FOS") refer copies of all complaints to the Financial Services Authority ("FSA"). It's simple. Not every complaint relates to a breach of FSA rules. In fact, most don't.

Making such a petition would be useless, a waste of time and never get anywhere, because it plainly doesn't make sense and would substantially increase the costs involved for the SRA - which every other Solicitor, and consequentially, customers, would pay for!
.

I thank picklesjsw for clarifying that The Legal Services Commission ("LSC") is not the same as the Legal Complaints Service ("LCS"). but you missed the point I made. Well before the SRA intervention the situation is that when the LSC pay compensation for a claim against them for one of their approved Legal Aid Solicitors ie Wolstenholmes and I quote the Legal Services Commission ("LSC")
"Memorandum of Understanding (MOU) with the Law Society about types of exchanges we would make. The information we provide will fall under three main headings:
The LSC will notify the Law Society of all contracts terminations at the end of any review process within 10 days.
The LSC will notify the Law Society of serious contract sanctions eg freezing payment to a firm within three days of the sanction being imposed.
The LSC will notify the Law Society at the conclusion of all official investigations by providing a copy of the report"

ie if a public body The Legal Services Commission ("LSC") pay compensation after investigating a complaint regarding a contracted Legal Aid Solicitor they will not inform the Law Society, Legal Complaints Service ("LCS") the SRA or other body the Law Society delegate the regulation of their members to.

And if the information is not passed on no investigation will be made by the SRA or anyone else to see if a "complaint relates to a breach of the Solicitors Code of Conduct".

picklesjsw wrote: »

Complaints to the SRA can be made by other Solicitors, Barristers & Legal Executives (ILEX members) and are made regarding breaches of the Solicitors Code of Conduct (i.e. negligence or fraud, but not necessarily mistakes or temporary incompetence).

Then there's the Legal Complaints Service ("LCS"). The LCS deal with complaints from customers about Solicitors who acted for them.

Again thank you picklesjsw for making my point for me. So as a member of a professional body that does not come under the categories mentioned, making a complaint against a solicitor is not investigated.

The clients of Wolstenholmes that have suffered may not have been placed in this situation if complaints about Wolstenholmes by myself and others long before the SRA intervention, had been investigated and if the bodies involved communicated with each other.

anotherproblem

Hi - Well I have done a lot of research and also contacted SRA and the LCS as some of the info I have been given here has been conflicting. I have found that one needs to put in a complaint as soon as possible in order that lost files and documents can be traced. Also one needs to put in a claim asap to the SRA for solicitors costs and for work that WS has not completed (it does not matter that you dont know exactly how much you will be claiming). As well as this I had previously e mailed SRA and this is the reply that I got back

Processing an Application

When completing the application form please provide us with the full names and addresses of all persons who may have an interest in the application you are making. All applications are thoroughly investigated and evidence is required to support your claim. If further information is required, the Claims Investigator who will be dealing with your application will write to you, or any other person, to obtain it.

Time Scales

The Claims Investigator does not have the authority to approve or reject a claim. When all necessary enquiries are complete, a report is prepared for consideration either by a panel or an adjudicator. Some applications require detailed investigations and take time to deal with whilst others can be resolved within a matter of weeks, depending upon the complexity of the matter and the availability of evidence.

Costs

You are entitled to instruct a solicitor to deal with your application on your behalf, if you so wish. If you receive a payment, we may consider a further claim for reasonable and proper costs incurred wholly and necessarily in connection with the application for the principal grant. If your application is rejected, we will not pay these costs.

Our Service To You

The Claims Management Unit aims to provide the highest standards of customer care and deal with all applications fairly and impartially. If, however, you are unhappy with the manner in which your application is dealt with, or with the level of service you are receiving, please let us know. There is a complaints mechanism and you should, in the first instance, write to the Team Manager about your complaint.

I look forward to receiving your application form in due course.

Yours sincerely



Directorate Support Officer
Directorate Support Unit - Claims Management

Enc: Application form, Information sheet and document sheet

Please always quote our above reference when contacting us

Direct Line: 01926 487015
Extension: 6222
Direct Fax: 01926 487062
[EMAIL="dsu@sra.org.uk"]dsu@sra.org.uk[/EMAIL]

I hope this helps someone. Please bear in mind that I had already established from DWF and Striling Soliciters that relevant files were missing. I also made it clear to DWF that they had no right to hang on to files that belonged to me.

mjmal51

anotherproblem wrote: »

Hi - Well I have done a lot of research and also contacted SRA and the LCS as some of the info I have been given here has been conflicting. I have found that one needs to put in a complaint as soon as possible in order that lost files and documents can be traced. Also one needs to put in a claim asap to the SRA for solicitors costs and for work that WS has not completed (it does not matter that you dont know exactly how much you will be claiming). As well as this I had previously e mailed SRA and this is the reply that I got back



Directorate Support Officer
Directorate Support Unit - Claims Management

Enc: Application form, Information sheet and document sheet

Please always quote our above reference when contacting us

Direct Line: 01926 487015
Extension: 6222
Direct Fax: 01926 487062
[EMAIL="dsu@sra.org.uk"]dsu@sra.org.uk[/EMAIL]

.

Funny enough I had just e mailed that address this morning to try and get a definitive answer. Everything points to what we thought yesterday that the claim for money paid to WH that they did not use, cost of new solicitor, including his reasonable fee for submitting the claim, all go to the SRA.
Then the LCS are there if you wish to claim for neligence, stress, perhaps postage, tel calls etc.

Simply_Me_2

mjmal51 wrote: »

Funny enough I had just e mailed that address this morning to try and get a definitive answer. Everything points to what we thought yesterday that the claim for money paid to WH that they did not use, cost of new solicitor, including his reasonable fee for submitting the claim, all go to the SRA.
Then the LCS are there if you wish to claim for neligence, stress, perhaps postage, tel calls etc.

For the Des Hudsons, Charles Plant and Anthony Townsends of this world can you please instruct your staff at the LCS/SRA to give out clear, concise and correct information as to how monies paid and compensation due can be properly recovered and who that claim should be properly directed to. We have already established that the information being given out is confusing and conflicting. I have been told one thing and other posters on here something else. Please give us clear guidance.

Horrified_Solicitor

Simply_Me wrote: »

For the Des Hudsons, Charles Plant and Anthony Townsends of this world can you please instruct your staff at the LCS/SRA to give out clear, concise and correct information as to how monies paid and compensation due can be properly recovered and who that claim should be properly directed to. We have already established that the information being given out is confusing and conflicting. I have been told one thing and other posters on here something else. Please give us clear guidance.

Hear, hear! It's quite clear that even among lawyers, very few know the finer points of how the compensation schemes work in practice. We read about them in the professional journals, but that is no substitute for actually dealing with them in practice.

The Law Society/SRA should have a joint part of their websites setting out clearly what claims can be made and to whom.

mjmal51

After complaining to the LCS in Dec I was assigned a caseworker who has now closed the file(!) as the complaint has been noted. I wrongly assumed the files would stay open until a satisfactory conclusion.

I tried today to get the official answer from the caseworker re. to whom and when to apply for compensation and got this below


"As explained, I think the best approach is to have matters concluded, then to make claims to both the SRA and LCS. There is sometimes an overlap between what we would consider paying as a financial effects flowing form the poor service and what the Comp Fund will consider in terms of lost monies.

Whilst we can consider solicitor costs for completing matters, we would not necessarily entertain the solicitors costs in bringing the complaints to our attention or that of the SRA"

This seems to be different again to the SRA guidelines and the info gathered by anotherproblem. Are they deliberately trying to stress us out further?