difficult solicitor/executor

farfromhome

I am so sorry for your loss. I second everything TBagpuss has advised to put everything in writing. Solicitors charge for every 6 minutes (not 10), i.e. 10 units per hour. So even a one-line email or 2 minute telephone call will attract a charge of 6 minutes. The charges can be horrendous as I found out to my cost. I now know I should have complained to the SRA/Ombudsman but didn't know any better at the time.

If you do not receive a reply within the time-scale you requested, then I would definitely escalate my complaint to the SRA/Ombudsman immediately. The way you have been treated is totally unacceptable, perhaps they think because you are quite young they can get away with it. Good luck.

topbanana1985

I know it has been a while, but just thought I would give an update on the situation (who knows, it may help someone else in the future)

We managed to sort the house situation and it was eventually put into my name, so my sibling can continue to live there.

I also sent in a complaint in November 2014 and we so far have been back and forthing ever since (which is getting tiresome, I would like to go to the Ombudsman and get it dealt with, but not sure if I can or not if they keep responding to me... albeit with unsatisfactory responses)

I firstly complained about the lack of communication and the concern that the bill was going to be much higher than they originally quoted.

Their response in short was a number of fob offs, failure to acknowledge a number of our complaint points and an interim bill far exceeding the quote estimate we were given.

I requested a copy of the client care letter I believe they should have provided mum when drafting her will and any signed documentation agreeing to the amount they can charge the estate. Neither of which have been provided despite asking for them 4 times now, and they just keep referring me to the will saying it states in the will that can 'charge professional fees', of course no actual amounts are mentioned. Which says to me that they have a licence to print money and charge whatever the hell they want.

We have now had all the bills and they total just shy of £14,000... we were quoted an estimate of £2,500 - £3,500 back in Jan 2014 and was given absolutely not prior indication of this price pretty much quadrupling.

They have also now provided an interim estate account and there are differences/discrepancies between this account and their bills (eg: on the bill it shows bankruptcy search at £10 but on the estate accounts it shows as £12) A minor number difference I know, but its not just the 1, theres a number of these mistakes and if they have these minor mistakes, makes me wonder if theres any major mistakes they are possibly hiding.
(This is on top of numerous other mistakes and unprofessionalism)

They have of course taken their £14k from the estate and distributed what was left.

I would like to go to the ombudsman, but I am becoming increasingly worried that as a mere beneficiary that I have absolutely no course of redress with this situation and will be forced to 'shut up and deal with it' letting them carry on ready to do it again to someone else.

SeniorSam

topbannaa1985.
You have been advised on this site to make an official complaint and this has been ongong since your post in November last.

There have been a few similar cases on this forum (becca was a recent one) and once an official complaint is made, it gets the wheels moving. Until then, you can just expect ths same treatment that these rather poor quality solicitors seems to be giving.

Your letter to the senior Partner of the solicitors practice should be headed 'OFFICIAL COMPLAINT', listing all the problems and lack of action and a copy should be sent to the SRA, but as you may already know, they can not take any action at all until a complaint has had time to be satisfied. Therefore, just add a not to say you know they cannt intervene until the solicitors have responded, but you wanted the SRA to be aware that a complaint was being made. Also let the solicitors know you have done that and they will know that they have to then act more professionally.

By making the actual complaint, your letter triggers a process that has to be followed. The matter will be passed to the complaints solicitor of that practice, who has a duty to respond within a set period of time and then to investigate the matter fully and report to you.

If those findings are not satisfactory, then it can be passed to the SRA for them to investigate. That will cost the solicitors dearly, as every complaint attracts a solicitors charge that can not be passed on to you. It also puts them in a very bad light for the future. Therefore ........ why waste more time. Make the complaint and get things moving.

Good luck
Sam

topbanana1985

I already put in a formal/official complaint November following the advice on this forum, and I have been back and forthing with the firms complaints manager ever since.

The complaints manager has failed to acknowledge a number of my complaint points, and has continued, since the initial complaint in November, to fob me off with excuses and mistakes.

As this officail complaint has been on going since November (so nearly 5 months now) it is becoming increasingly frustrating having to keep sending letters to them and waiting on their replies (their last reply took a month for them to send it to me)

I was however unaware that I could send a copy of my complaint to the SRA, so I shall also add that to my 'to do' list on tuesday.

Also I would like now to go to the ombudsman since I have not yet had any satisfactory response from the firm regarding this formal complaint and they just seem to be wasting my time, but I am unsure if I can do so if they havent given me a 'final response'

I am also worried of my lack of rights as a mere beneficiary. And VERY worried that due to this point of us being just beneficiaries that we may be forced to give up and forget about it, allowing the firm to not only get away with it and have a large amount of our inheritance monies, but also be free to do it again to someone else.

SeniorSam

Thank you for your reply. Unfortunately you cannot go to the Ombersman just yet, unless the SRA fail to satisfy the complaint following the reply from the complaints solicitor. These matters have to be in correct sequence.

My apologies in not realising that an official complaint had already been made.

I do feel that in view of the way this has gone since your copmplaint, you should now contact the SRA to explain what has happened since you complained. Let them know the details and that matters are not being attended to It does seem to be 'out of hand' and you could ask the SRA to step in about this or at least investigate why the complaint has not now been satisfied and ask for their help.

Sam

topbanana1985

Thanks for the info/advice, its greatly appreciated.

I was unaware I could go directly to the SRA, so I shall certainly contact the SRA and the ombudsman and get their views on the situation to try and find out what the exact next steps should be.

No need to apologise,

Yes, it would appear that the firm have absolutely no intention of rectifying any of our concerns at all.

Within their most recent response they have now given a copy of their T&Cs with their prices, stating that mum would have agreed to these, but we have yet to see any signed evidence of such, they also stated their rates are reviewed and adjusted annually, so the price she may have agreed to back in 1998 is likely to have changed/gone up, without her knowing.
However, putting aside the fact that their price has quadrupled from the quote they gave us, now having seen their charge list, I have calculated their bills using their rates and they are not correct. Which is yet another mistake on top of the numerous ones they have already made.

First thing on my to do list for Tuesday morning, contact SRA.

Thank you

TBagpuss

Just to clarify, the correct organisation to contact is the Ombudsman, not the SRA.
You have to have used the firm's complaints process first, but you only have to allow up to 8 weeks for them to address the complaint, so if you feel that they are not actually addressing it you don't have to wait for the firm to say "this is our final answer" The rule is that you *can't* involve the ombudsman if 6+ months have passed since the firm's final response.

Beneficiaries are specifically identified as one of the classes of people who can refer a complaint to the Ombudman.(http://www.legalombudsman.org.uk/helping-the-public/legal/)

When you write to the Ombudsman you may find it helpful to include a chronology setting out the dates of key events (e.g the date the will was made, when you asked them to renounce executorship, when they gave you costs information and what it was, when you raised concerns which were unanswered, when you were told about the higher costs and whether you were given any explanation as to why they were 4x the original estimate etc.

If you have sent formal, written complaints to the firm then also send copies of those letters and any replies you received.

good luck

SeniorSam

Full infiormation can bee seen here http://www.sra.org.uk/consumers/problems/report-solicitor.page

Good luck
Sam

G6JNS

SeniorSam wrote: »

Full infiormation can bee seen here http://www.sra.org.uk/consumers/problems/report-solicitor.page

Good luck
Sam

Can the OP go to the Ombudsman before he has exhausted the firm's internal complaints procedure?

TBagpuss

if a formal complaint was made more than 8 weeks ago s/he can go to the Ombudsman. |the worst that can happen is that they can tell him/her to refer back to the solicitor.