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Solicitors not kept to agreement. Im penalised? HELP

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I have recently set up a payment with a solicitors in December. This was to draw an additional sum each month out. I have arrived back from business (away for a few months). The solicitors didn't set this direct debit to go on top of my mortgage for payments in Jan/Feb/March so i now get a letter saying i didnt keep to my agreement and owe it all at once. Who's fault is this? my account has my normal amount going out on the months? Regards
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Comments

  • Isn't the money still in your account? Why didn't you check it was being paid? It's your responsibility to ensure your bills were paid.

    Just pay it in a lump sum now.
  • kingstreet
    kingstreet Posts: 39,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have recently set up a payment with a solicitors in December. This was to draw an additional sum each month out. I have arrived back from business (away for a few months). The solicitors didn't set this direct debit to go on top of my mortgage for payments in Jan/Feb/March so i now get a letter saying i didnt keep to my agreement and owe it all at once. Who's fault is this? my account has my normal amount going out on the months? Regards
    A direct debit requires the payee to request the funds from the account of the payor, not the other way round.

    A standing order is the payor's way of giving an instruction to their bank to make regular payments to the payee. How is a solicitor involved? Why would you be unable to do this yourself?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • kingstreet wrote: »
    A direct debit requires the payee to request the funds from the account of the payor, not the other way round.

    A standing order is the payor's way of giving an instruction to their bank to make regular payments to the payee. How is a solicitor involved? Why would you be unable to do this yourself?

    Hi sorry i wasnt clear. it was made through the mortgage companies solicitors.
  • Isn't the money still in your account? Why didn't you check it was being paid? It's your responsibility to ensure your bills were paid.

    Just pay it in a lump sum now.

    Hi i didn't check my account as i was away on business. Only when i came home i realised. I did'nt have access to my account prior.
  • andy.m_2
    andy.m_2 Posts: 1,521 Forumite
    talk to them, everyone here is merely speculating to the details.
    Sealed pot challange no: 339
  • Let_Us_See
    Let_Us_See Posts: 1,319 Forumite
    Surely, you have a copy of the agreement between you and your solicitor? If so, did the solicitor fail in his duty to carry out your agreed wishes? Not much room for ambiguity!
  • The agreement was over email. I have all relevant emails saved. I have mailed them regarding this, & why the debits didnt go through. As of yet to receive a reply. Their phone is permanently busy. I have tried ringing the mortgage company, but they said to ring their solicitors, they cant do anything about it. But i would have thought if they where the original company they would. Around in circles. I am at the moment trying to find the funds for this. Regards
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I am at the moment trying to find the funds for this. Regards

    But surely the funds will still be in your account if the dd 's have not been paid?
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Let_Us_See
    Let_Us_See Posts: 1,319 Forumite
    Perhaps your solicitor is relaxing on a sunny, tropical beach at your expense! Personally, I would make a personal visit to your solicitor and not rely on the phone.
  • bryanb
    bryanb Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Let_Us_See wrote: »
    Perhaps your solicitor is relaxing on a sunny, tropical beach at your expense! Personally, I would make a personal visit to your solicitor and not rely on the phone.

    It is the mortgage company's solicitor.
    This is an open forum, anyone can post and I just did !
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