Negligent Solicitor

drnovell

I used what I thought was a reputable solicitor company to complete the purchase a flat. Unfortunately with all the delays the solicitor caused I had to hire another solicitor to complete the transaction. I now want to recover the money I paid. I did make a complaint with the company but they never responded to my emails. The solicitor was negligent because he did not explain to me that the property has a different address on the title deeds and the postal address. This has caused problems as I now get 2 water bills. I have started legal action against the company as 3 times they say they have resolved the water bills and I am still getting demanding letters to say pay for water for the same property. He was also negligent because he didn’t realize that the 3 mortgage offers all had the wrong purchase price on them. When I decided to get another solicitor he refused to send an email to declare he had no interest under the CML guidelines or was not acting on behalf of myself for the property. The mortgage company made the unprecedented step of removing him from the mortgage offer even though he did not make the declaration. He was also neglected as he failed to tell me that the property was not a share of free hold as advertised but it was instead leasehold. All this caused delays, stress, telephone calls and the sellers even put the property back on the market. The problem I have is who do I sue? Do I sue the company which I have found is dormant or do I sue the solicitor who was a partner of the company. The company is a LLP (limited liability partnership). The dormant company which is about to be struck off, so I have contacted companies house who have put a stop on it.

DR

AnnieO1234

First of all, if you instructed new solicitors to take over the transaction it is irrelevant in respect to the water company issue. Both firms have failed, along with your own due diligence, to take this into account.

How did you raise your complaints?

You will need to approach the legal ombudsman, but you must be able to demonstrate that you used the solicitors complaints procedure.

It sounds like a proper mess of a transaction.

Xxx

dc197

It does sound like your first sol was a damp squib.
Nevertheless did you not read the relevant paperwork, including title and mortgage offer, carefully enough either?
You need to complain using the firm's official complaints procedure otherwise the ombudsman is not interested. Check that complaints via email are acceptable to the solicitor, you may have to write a letter.

davidmcn

It sounds like you have cause for complaint about poor service, but I'm not sure what, if anything, of what you experienced constitutes negligence, and whether you actually have any loss worth suing over (I don't understand what relevance the solicitor has to your water bills, for example). Stress and phone calls are a standard part of the house-buying process...

drnovell

Just a quick update. This case is going to court. One question I have is what is the proper address of a property? The issue I have is that the title deeds address that land registry have supplied does not exist. Not to mention the lease has a different flat number. This was identified by the solicitor who queried it with the mortgage lender but never mentioned anything to me. The mortgage lender couldn't find the address when they searched for it so used a different address, I assume the postal address. At one point last year Southern Water thought I owned 2 properties so I was getting 2 bills. Then they started using the lease address which is a different flat number. I have contacted the post office and they say the address in the PAF is correct. The land registry address does not show up in the PAF. Contacted lease advice and the lady I spoke to had a similar issue with a property that she purchased. The issues she faced where everything was different including water, electricity, council tax, electoral register and her credit rating. I have also contacted land registry to find out whether I can change the land registry title deeds address to the postal address.

Dr

TBagpuss

The land registry identifies land with reference to the title number and to the plan - It is not uncommon for this to be diernt to the postal address (particuarlly for new builds) If you read the office copy entires they would normally say 'property at ... identified on the plan marked red' - so the detials are to help identify it, not to create an address.

As far as I know there is no requirement to have a single 'proper' address .

For the purpose of getting mail you need an address recognised by the post office, which it appears you have. For any issues relating to the land you ned to be able to accureately identify your property, which normally is done by way of the plan.

The issue of the water company having two entiies is a different one.

G_M

It is common for there to be confusion over addresses:

* Land Regitry
* Royal Mail
* Utilities
* Council Tax

All could have variations.

In particular flats can be confusing (flats 1,2 & 3 Vs A,B,C or eve 'top floor. middle floor, bottom floor flat), but houses also.

Usually one can tell which property is being referred to, and it certainly helps where everytone uses exactly the same wording, but variations are not uncommon.

cr1mson

One flat I owned was known as 17/13 X Street or Flat 13, 17 X Street as it was the 13th flat you came too when you entered the building. It was also known as Flat 3F2, 17 X Street as it was 3rd Floor Flat 2. Different organisations seemed to use different variations! Oh and one company had it down as Flat 4F2 as assume they had counted 1st, 2nd, 3rd, 4th floors rather than Ground, 1st etc..

Land_Registry

The allocation of postal addresses starts with the local authority. They decide on the numbering for example for electoral roll purposes.
They then notify Royal Mail and most, including us at Land Registry, then rely on the Royal mail data.

If addresses are 'wrong' or 'mixed' or 'changed' then you go back to source, the local authority and work out from there. Once Royal Mail is showing the correct address(es) then you can apply to us to amend the register for example.

If there is a renumbering then you can come straight to us to update the register with the local authority's written confirmation but that does not seem to apply here.

bod1467

When my estate was being built then the streets had no names. (Hands up anyone who started humming the U2 song!)

Initially my property was known as Plot 12, Estate Name until the proper postal address was assigned.

drnovell

Sorted out the issue with the Southern Water. They had the wrong address and I was paying for wrong meter. The previous owner must have been paying for water he was not using. I sorted the address too. I contacted the post office and they said that the address was allocated to the property when it was converted. I then contacted Land Registry who have updated the title deeds. Problem is I thought I was paying for a solicitor to do all this when I'm doing the checks myself. The other issue is the mortgage company did have the correct address and the solicitor told them to change it which they did. With the solicitor not identifying that correct address, not identifying the correct purchase price on the mortgage offer, not telling me that the flat was leasehold and not a share of freehold as advertised and not making the declaration to the mortgage company under the cml guidelines, the solicitor is going to court for negligence. Then its off to the SRA to make a complaint about my solicitor and the sellers solicitor because they had no idea what they were selling. Please if you are sold a flat and they "say share of freehold", then make sure your name appears on the freehold title deeds. Shares in a company that hold the freehold is not share of freehold. Many people I have talk to regarding this seem to think it is the same including the sellers solicitor. My advise is that if you have been sold a "share of freehold" and you received shares, to contact your solicitor as it is miss selling.
Dr