Solicitors mistake

mando_2

MegS wrote:

As a conveyancing secretary who deals with the completion statements I would like to say that people make mistakes we are all only human. As long as the person dealing was very apologetic then let it go.

I understand people make mistakes, but people should be made accountable for their mistakes - especially when dealing with clients money. 4 grand might not be a lot to you, but to lose 4 grand of my money - and don't forget I spotted the mistake not my solictors, is very annoying. Now if it had only be 4 pound, I wouldn't be so bothered about it all and wouldn't problably even bother claiming it back.

mando_2

I haven't gone screaming at my solictors, in fact I was rather polite and just pointed out that I thought a mistake had been made and since then haven't even been in contact with them to see if they have resolved it. Having a 2 week old has kept me too busy. I'm going to contact them now to find out if they did contact the building society and to point out that I think their service at the end was less than adequate and I believe I should recieve a refund of some of the fees I paid. I have probably come across a lot more angry about the whole thing than I am, I more annoyed that the mistake has happened, that I had to point it out, that I have paid quite a bit of money in fees for this less than adequate service and more that I believed this transaction to be completed on the Monday and now I still have to deal with this issue.

JennyW_2

This situation nearly happened with us. We had an early redemption fee but as we were porting our mortgage across, we only had to pay 3% of the full redemption fee (a saving of £3.5K for us).

As completion took a while to happen, I received a couple of redemption statements, both showing the wrong figure (the full amount). Basically I had to keep on top of it and still, 2 days before completion, the mortgage company were still quoting the full redemption figure. They knew from our records/details that we were only due to pay a 3% but couldn't understand why the full amount was still showing but confirmed that once we had completed, we would be issued a refund cheque. I wasn't satisfied with that and it took a pleading phone call Wednesday evening to get an amended redemption statement to my solicitor. I think it's a pretty tricky situation sometimes coz the solicitor justs pays what the mortgage company issues. My solicitor wasn't aware that we had to pay only 3% as it is only stated in our original mortgage offer. It took me to inform my solicitor and chase my mortgage company but we got there in the end.

Bossyboots

The issue in this thread though is that the solicitor paid a different sum to the redemption figure being asked for. If the mortgagee had got it wrong so be it. It is not for the solicitor to know the accuracy or otherwise of the redemption statement. That is between the mortgagee and the customer. In this case though the amount was not in dispute, they paid the wrong item on the statement.

real1314

The real issue is that one party was given money that was not due to them. That doesn't make it that party's money.
The OP presumably got very stressed as they were unsure as to whether they would get their £4000 back, but no doubt the solicitor's were not stressed as they KNEW that it would be re-paid. Equally the mortgage co. won't have any qualms about paying the £4000 back.
The solicitors have made a genuine mistake, possibly partly due to the redemption statement (?) so an offer of recompense wouldn't go amiss, maybe £25 or so, but little more than that. If you were out of pocket by £4000 for 2 weeks and expected £100, would you then expect £2600 if it was for a year?

all IMHO.

lotto-dreamer

"Lotto-dreamer how exactly have the solicitors made a nice little profit out of the seller? " -MegS

Thought I'd better say I simply meant "profit" as on solicitors legal fees (not including disbursements etc). I wasn't implying that the solicitors had deliberately done anything to increase their profits with client's money!

I am sure they were horrified when the error was pointed out - but not checking the redemption statement properly when doing the final calculations was a BIG error. I also work in conveyancing and we do a lot of cross checking - fee earner and then accounts department - before any monies are distributed on a completion.

I had just thought that for the distress they had caused Mando it might be helpful for them to give her some sort of reduction in their fees as an apology.

mando_2

Small update: I emailed my solictor to ask whether my BS was in fact contacted and explained the mistake. I also explained that I was until then happy with their service and because of the mistake would like a reduction in the fees that I had paid for their services.

They have come back saying that because the mistake had been acknowledged, they do not feel a reduction is necessary and if I wanted to take the complaint further I should follow the complaints procedure. They also said they would repay any interest and to let them know when the payment is received. I then got a further email from their assistant saying that the BS had been in touch to let them know about the overpayment and it should be with me shortly.

So I'm a bit annoyed, as I don't feel the solictors did actually contact the BS until I got in touch the second time and it would have been nice for a small gesture to have been made.

Still waiting for my payment though - now over a week since completion.

Bluelad_2

mando,

I think you have been treated apallingly. If the solicitor has paid the wrong person, then THEY ashould act immediately to resolve it. It is then their problem to wait for the BS to pay the money to them.

Personally,I would have camped out in the solicitors office until they gave me the 4k that I was owed. If they'd asked why I needed 4k so quickly, I'd reply 'Beer & Fags what's it got to do with you!'

I'm sure that if the Solicitors wee 4k short they wouldn't have waited a second to contact you or the BS.

Bossyboots

Do as the solicitor has said and follow the complaints procedure. It may be that this mistake has not been reported to those higher up and giving you a refund will alert others to the error.

You are entitled to invoke their complaints procedure and I think you are justified in doing so, particularly as it does seem they had not done anything about recovering the money.

lotto-dreamer

Mando you might like to take a look at the Law Society website - re complaints -to help you decide what to do - or simply phone them for advice:

http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

Perhaps by mentioning to your solicitors that you are going to contact the Law Society for advice - it might prompt them to be a little more helpful.