Due to complete Fri - WORRIED!

harpyboy07

Hi all,

Having started the home buying process 4 months ago, myself and my partner are due to move into our first house together a week today. On Monday we sent our cheque off to the solicitors which covered our deposit and fees etc. I telephoned the solicitors today to ensure that they had banked the cheque etc and that everything was in place, however, was greeted with the response, "we haven't recieved it Mr .....". I ensured them that it was sent recorded delivery which caused the solicitor to go and check with the receptionist. It turns out that it had just been thrown to the side and not processed at all.

I'd imagine that it wont be banked till Monday now which may mean it won't have cleared by friday morning - am I correct? If so, is there anything I can say or do if they say I cannot move in? Feel let down with the whole affair as it's been a similar story throughout the process - my mortgage broker has kept me right all the way. How can the solicitors justify such astronomical fees for this standard of work?

Any help or comments from people with previous experience very welcome.


Thanks:money:

WestonDave

In theory it won't have cleared however if the solicitor has failed to process it promptly (as would appear) then they are in breach of Solicitors Accounts Rules and as such would be hard pressed to make a sensible defence if you were not allowed to complete and therefore made a formal complaint to the Legal Complaints Service.

My guess is that this is the last you will hear of it and completion will be fine!

harpyboy07

Thanks for the reply - i'm going to phone them again on Monday to make sure they've actually banked it. I reckon I'll just say to them that I expect them to provide the funds until they clear.

Dennis99

Get the solicitor to "express clear" the cheque at their expense.

ono_no_komachi

I think if there's any fault on their part resulting in the funds not being available (like failing to apply to the mortgage company!) they should normally cover from their own accounts to bridge any gap in the timescales.

barrymung

If the solicitor fails to agree to let you complete on the stated day, threaten to sue him for Hotel accomodation and travelling expenses until you can move in!

cats!

And tell them everyone else in the chain can also sue of completion does not occur on the agreed date!

Sorry you've had a stressful experience. Solicitors get away with it because they take their fees up front as the transaction progresses to completion! If people had to pay them in advance they'd starve!

harpyboy07

Thanks for the replies to this thread - most people have said what I hoped they would! We should really be looking forward to Friday but I just have no faith in the solicitor sorting everything out. Another situation ocurred 2 weeks ago when I contacted them to confirm they had all the essential docs - they stated they did. My mortgage broker then emailed me last week to ensure I had sent my buildings insurance cover letter to the solicitor - myself being naive wasn't aware that i had to but SURELY that should have been picked up by the solicitor? Is there anything else that can go wrong for us?

Thanks:T

charley1965

If it's banked on Monday then it will be cleared funds by Thursday. You will see the debit on your account by Thursday, possibly Wednesday.

inmypocketnottheirs

Personally, if it were me, I would phone the solicitor and ask them not to bank the cheque. I would then ask them for their bank account details and send the money via online banking. I use both Lloyds and Citibank and when ever I am sent funds in this way (or send funds) then it arrives in the account 2 days later. If you send Monday it will be there Wednesday morning.