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I feel sick - solicitor has been negligent. Please help!

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  • benood
    benood Posts: 1,398 Forumite
    At least you now have a clear path of action instead of having to wait for your solicitor to come back each time. Best of luck.
  • Nicki wrote: »
    Be aware that by this stage the shots may be being called by his insurers, and that is quite possibly why he has changed his mind about what he wants to do. The good news is that insurers are commercial animals, so in a case like this where liability is almost a foregone conclusion, they will be keen to do a quick deal, though will initially try it on to see if you go away.

    Having just re-read your post again, I see what you are saying Nicki. I suppose it is possible that he has contacted the owner and maybe the owner is asking for a larger sum than they wish to pay out. Therefore they are just trying it on.

    Is it likely that the insurance company will contact us directly at some point?

    Foreversummer
  • Nicki
    Nicki Posts: 8,166 Forumite

    Is it likely that the insurance company will contact us directly at some point?

    No, I wouldn't think so. However they will instruct their own lawyers to act for both the solicitor and themselves if they want to contest your claim, and these solicitors will deal with your solicitors direct.

    Once you have a resolution you are happy with, don't forget to let the local rag know btw. Service and competence like this (plus trustiworthiness and a willingness to clear up your own mess) ought always to be appropriately rewarded, I think :D
  • alant1000
    alant1000 Posts: 252 Forumite
    i'd threaten tp report them to the law society - as solicitors have to log and track EVERYTHING (hence why they insist on posting everything) it should be a very simple process to identify the oversight. Nail the solicitor by asking in writting on a recorded delivery letter to confirm that she / he DIDNT get the info about the statutory declaration. Put a dealine on the letter, along with an action of this deadline is not met, i.e that you will escalate the matter to the law society. Its important to get to the bottom of this or you'll have problems selling. Go in fully armed and make sure everything is documented, with deadlines. Forget the phone.
    I never missed a payment :T , I paid off all my credit cards :T , I paid of all my loans :T , i have a work mobile :T - but am now "medium" credit risk :confused:
  • ceebeeby
    ceebeeby Posts: 4,357 Forumite
    Part of the Furniture
    Hi forever,

    I'm sorry I don't have any legal advice to offer, but have just read through your thread and wanted to wish you luck.
  • regularsaver1
    regularsaver1 Posts: 4,930 Forumite
    Hope you get this sorted.

    I can't believe he suggests to leave it. Does not solve that for you at all
  • benood
    benood Posts: 1,398 Forumite
    Although I understand Nicki's suggestion of going to the local paper as devils advocate I'd say it was your solicitor's locum who messed up (wasn't it?) so he's probably feeling somewhat let down in any case and he's now probably in the pocket of his insurers so can't do more than they'll let him. I suppose I'm saying you should be the judge of whether you hammer him with bad publicity as only you really know if he's being truly devious.
  • We wouldn't go to the paper, I must say. It is just not the sort of thing we would do. It's just not us.

    Regarding the locum situation, we were never aware there was a locum dealing with our conveyancing. The solicitor who did our conveyancing was a lady who happens to be married to the senior partner of the firm who is the solicitor we are dealing with at present. He blamed a locum for overlooking the statutory declaration, although it was our solicitor who prepared the contact report with the wrong map, and it was our solicitor who exchanged contracts. It think it is ultimately her responsibility, and that of the firms generally.

    I guess it is only natural that his instinct is to protect his wife and I think it was easier to blame some poor anonymous locum that blame his wife. Hubby and I joke about the atmosphere in their house! I wouldn't think that things are very harmonious at the moment, lol.

    Foreversummer
  • Ghost
    Ghost Posts: 313 Forumite
    Hi Foreversummer (love the name by the way!)

    Thanks for keeping us updated. I am curious to know how things turn out and hope it all works out to your satisfaction.

    They should be grateful that they're dealing with someone as understanding and pleasant as you - keep on putting on the pressure though, they've messed up and they must put it right.
    "He who asks questions cannot avoid the answers"
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