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Solicitor has made yet another mistake and won't change it!

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Comments

  • Nicki
    Nicki Posts: 8,166 Forumite
    Realistically, at the absolute dregs end of this action, it isn't worth changing solicitors OP. I don't know how you are paying for this, but even if it is no win, no fee arrangement I am sure there will be something in the terms and conditions which gives you a financial liability if you jump ship before the deal is signed, and any new solicitor will have to read in to the case before they can complete the settlement for you, which will have a financial cost and one which the other side will not be liable to pay for. No solicitor worth their salt would take on a case at this stage without doing so, as if the deal which has been negotiated is not all that advantageous, they would be leaving themselves open to a claim. Its even more risky for them as the claimant is a child.

    The best option, as others have said is to correct the document yourself, initial the changes, sign it and send it back with a covering letter saying that as discussed you weren't happy to sign a version where the figures were incorrect, that if they now want to make the amendments you requested to it and send it out clean, you are happy to re-sign it, and copy that letter to the partner who is supervising your case (if the solicitor dealing with it is not a partner) or the complaints partner in the practise (if she is)
  • prowla
    prowla Posts: 14,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When we moved house several years ago the soliciters got their fees wrong, so I told them they had over charged me. They responded with a revised bill undercharging me. So I sent them a corrected bill with the appropriate items amended.

    If they are that bad at attention to detail, then how are you supposed to have faith in their work?
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    xxdeebeexx wrote: »
    Thank you for the replies. I have emailed the solicitor and repeated that I am unable to sign until the corrections are made.

    I will wait to see what she does

    dx

    TBH if they're that careless an email will almost certainly be ignored. All that will happen is that they'll send you a letter (which they'll subsequently try to bill you for) telling you that you haven't sent back your signed copy...

    I suggest you follow the advice earlier: amend it in big red pen, sign and post it back. Either they'll be embarrassed enough to amend and send you a copy to sign or it will be good enough. Either way it's faster than waiting for someone who obviously doesn't care enough to want to get it right without being forced to.
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  • xxdeebeexx
    xxdeebeexx Posts: 1,964 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    daska wrote: »
    TBH if they're that careless an email will almost certainly be ignored.

    Well, no answer today and she doesn't work on Wednesdays.....
    I will have to amend the copy, as suggested, and pop it in the post.

    She is in a hurry to get things done now, as she wants to go to court before Christmas

    There are other mistakes on the schedule that bother me too, but I guess I will accept those. It just makes them look stupid though.

    For example

    Family dentist x 3 @ 4 miles =
    17 miles @ 50p per mile ..........................£6.00 !!!

    Thank goodness this is no win no fee.

    I chose a small local solicitor deliberately as I thought that I would get a better service .

    dx
  • prowla
    prowla Posts: 14,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    xxdeebeexx wrote: »
    Thank goodness this is no win no fee.
    Hmmmm - ever thought why the people who work there couldn't get a job with a reputable group?
  • xxdeebeexx
    xxdeebeexx Posts: 1,964 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    prowla wrote: »
    Hmmmm - ever thought why the people who work there couldn't get a job with a reputable group?

    Yep, I'm sure you're right
    I originally went through the AA who put me in touch with Shoosmiths, but they wouldn't take the case.

    You can only do what you feel is the best at the time.

    At least DS will have the best possible dental repairs paid for, and for that, I'm grateful.


    dx
  • rpc
    rpc Posts: 2,353 Forumite
    xxdeebeexx wrote: »
    There are other mistakes on the schedule that bother me too, but I guess I will accept those. It just makes them look stupid though.

    Correct them all. Do not leave the door open for misunderstandings or any sort of leeway in the details of your claim.

    Go through the document with a red pen, as suggested earlier, and correct every single mistake. It is annoying that you have to do this, but it is unlikely to take all that long.
  • prowla
    prowla Posts: 14,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    xxdeebeexx wrote: »
    Yep, I'm sure you're right
    I originally went through the AA who put me in touch with Shoosmiths, but they wouldn't take the case.

    You can only do what you feel is the best at the time.

    At least DS will have the best possible dental repairs paid for, and for that, I'm grateful.


    dx
    Well - good luck, anyway.

    FWIW, I think the advice about marking it with a red pen, etc. sounds like a good idea.
  • Seanymph
    Seanymph Posts: 2,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You cannot allow it to go to court with errors - so correct them all, sign them all, and send it back.

    They then can either amend it, or submit it.

    They are being PAID for this, but more importantly it's YOU signing the claim - you are putting your name to the figures not them - all they are doing is preparing it for you. Believe me if it comes out as an issue later they will say 'but she signed it' just as quick as they say 'oh just sign it regardless'.

    Don't sign anything wrong or false that is going to be submitted to court.
  • xxdeebeexx
    xxdeebeexx Posts: 1,964 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well, I found a big red pen and did my corrections and have now put it in the post.

    Thanks for the support

    dx
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