Solicitor sent passport/documents to wrong person.

Clifbel

Hi,

As the title says, I sent my documents etc to the solicitors who have told me that they have sent it back to the wrong person who hasn't received it. Bit of a hassle for me to reapply for a new passport but they've lost my basic evaluation too.

Is there any advice you can give please? I know I shouldn't have sent documents through the post but I did send it by special delivery and it's the solicitor who have committed the error.

Also this firm was allocated to me by my building society.

Thanks

pararct

You need to pursue the solicitor until it is returned to you.
They need to send a person to the address to recover it if necessary.

Have they explained why they did not send it special delivery or courier?

Constant_Gardener

Not clear from your post what exactly you have employed the solicitors to do, or the timescale context (sent to wrong person yesterday or 4 weeks ago). Very worrying though - issues include consequential losses to you - cost of new passport, (imminent travel plans?) or other doc's. Risk of identity theft from a stray passport? Losing opportunity to purchase/rent a property? If you are clear that the special delivery you paid for worked as expected (i.e. no complaint against Royal Mail) and the error / negligence is entirely with your solicitor then complain to them now and formally - and ask them to explain their actions annd what they are going to do to rectify the situation/ mitigate your losses, and in what timescale. ...or you will seek independent advice and take the matter further.

Constant_Gardener

... and copy in the building society who insisted you use this firm in your letter of complaint

Clifbel

Constant_Gardener wrote: »

Not clear from your post what exactly you have employed the solicitors to do, or the timescale context (sent to wrong person yesterday or 4 weeks ago). Very worrying though - issues include consequential losses to you - cost of new passport, (imminent travel plans?) or other doc's. Risk of identity theft from a stray passport? Losing opportunity to purchase/rent a property? If you are clear that the special delivery you paid for worked as expected (i.e. no complaint against Royal Mail) and the error / negligence is entirely with your solicitor then complain to them now and formally - and ask them to explain their actions annd what they are going to do to rectify the situation/ mitigate your losses, and in what timescale. ...or you will seek independent advice and take the matter further.

Oh I'm purchasing a property. This happened about 4 weeks ago. I sent my main bulk of documents but sent a current account statement separately which I received back promptly. So i phoned them up to ask where was the rest of the stuff and they admitted the next day that they had sent it to another client/customer who was going to send it back. They sent the items back recorded delivery. They have said they would pay for a replacement passport but haven't made any mention to the other documents. My mother is writing a letter of complaint to the building society. I just think that paying for a replacement passport isn't really enough as this seems to be a high level of negligence/incompetence. Every time I've tried to contact them I've been put in contact with the assistant who I'm assuming is the person in error. I do have a homebuyer valuation but I'd still like to have my basic one too. I'm glad I didn't send my homebuyer one in the end!

Thanks for the fast replies you two!

Constant_Gardener

I am still concerned re identity theft potential...
Perhaps ask for your complaint to be dealt with by someone more senior in the organisation, given the potential serious implications for you. Make sure you know what it will cost to get all replacement docs

Yorkie1

All solicitors, when receiving instructions from anyone, have to send out a client care letter. This includes the basic terms and conditions for the work they will do. It must also contain the information about the senior person in the firm who is responsible for complaints.

I suggest you escalate this to them pronto.

tbs624

As Yorkie1 says. Don't be fobbed off - write to the managing partner.

GDB2222

Clifbel wrote: »

Oh I'm purchasing a property. This happened about 4 weeks ago. I sent my main bulk of documents but sent a current account statement separately which I received back promptly. So i phoned them up to ask where was the rest of the stuff and they admitted the next day that they had sent it to another client/customer who was going to send it back. They sent the items back recorded delivery. They have said they would pay for a replacement passport but haven't made any mention to the other documents. My mother is writing a letter of complaint to the building society. I just think that paying for a replacement passport isn't really enough as this seems to be a high level of negligence/incompetence. Every time I've tried to contact them I've been put in contact with the assistant who I'm assuming is the person in error. I do have a homebuyer valuation but I'd still like to have my basic one too. I'm glad I didn't send my homebuyer one in the end!

Thanks for the fast replies you two!

You can expect the solicitors to indemnify you, that is to pay for the cost of replacing the documents. So, for example, the new passport costs the fee + cost of photos + postage etc + a small amount for your time/inconvenience. Similarly for any other lost documents. Are any not replaceable?

The solicitors may have been negligent, but they don't have to commit Hara Kiri or anything like that to show how contrite they are. All they need do is indemnify you against financial loss in the way I have explained.