DRO & Solicitors

UK4ME

Hi hope I've posted this in the correct place..
Long story tried to cut short. My mothet put in a claim nearly 3 years ago after a fall leading to a fractured skull and other things. The claim was coming to an end and the solicitor was about to inform the defendant that she would accept X amount but unfortunately my mother passed away a couple of months ago.

The claim ended up having to be in my name (done through the courts). Early this year I applied for a DRO as my finances and debt took a battering. The Solicitor has informed me that the defendant has paid the compensation.. But, she's holding onto my share (after taking out her fees) because she does't know what a dro is. She has passed it onto the head of her department and said she will contact me when she knows more. Its been 3 days now (yes not that long, but worrying all the same)

I'm aware that the dro will be revoked and I will need to pay my debts out of the compensation but I cant understand why she is stalling.

Can anyone tell me how long she can hold onto the money please and if she can keep the money to pay my debts herself before releasing the funds to me?
Thanks

DorisTrousers

I guess she is erring on the side of caution, which is understandable.

Although an unusual set of circumstances, my own opinion is that this is effectively an inheritance and is likely, as you say, to revocation of the DRO, depending upon the sums involved.

I would probably encourage her to call the DRO Unit in Plymouth on 01752 635 200, press option 2, and discuss with them what her next move should be, but as far as I am concerned then any money due to you is to be given to you, there is no reason that I can see that would give her the right to hold on to it.

What you do with the money is up to you, but you are likely to be able to negotiate a discount on what you owe, either by formal method or informal, so it is possible that you can save some money there.

UK4ME

Thank you for your reply. I asked the Solicitor on Monday to call the Dro office and I havent heard anything since.

sourcrates

Amazing how these so called highly intelligent people who have these star fangled, well paid jobs within the law industry, have no idea about how it all works.

fatbelly

Is it more than £1850?

UK4ME

It is Fatbelly yes.. I know the dro will be revoked and I'll need to pay my debts. I heard from the Solicitor around 5pm today and she says I should have told her I was a bankrupt. I'm not bankrupt, a dro is different I'm led to believe.

alltaken

I believe she should have been more up front about how poor a solicitor she is.

Shocking is the word that comes to mind, you appear to be a bad smell now that your insolvency is known to her (it shouldn't make a difference in terms of her practice as a solicitor in the claim).

sourcrates

UK4ME wrote: »

It is Fatbelly yes.. I know the dro will be revoked and I'll need to pay my debts. I heard from the Solicitor around 5pm today and she says I should have told her I was a bankrupt. I'm not bankrupt, a dro is different I'm led to believe.

First off you are not a bankrupt, you are insolvent, there is a difference, you are not subject to the same restrictions a bankrupt is.

They have no reason to hold onto the money, although your DRO will be revoked if the amount is over the £1000 assets threshold, that should not concern anyone else but you.

fatbelly

If the solicitor wants to come on here we can explain the difference between a DRO and bankruptcy to her.

The fundamental difference is that with bankruptcy your assets 'vest with the trustee' and with a DRO they do not but there is an assumption of minimal assets.

She has no excuse to hang on to your money but either she or you or both could inform the DRO team. Your DRO is likely to be revoked in a few months.

You could then start negotiations to pay your debts by full & final settlement

DavidP24

Doesn't the inheritance have to go through probate?

That could take months to resolve by which time the DRO may be completed?

Just a thought.

alltaken

DavidP24 wrote: »

Doesn't the inheritance have to go through probate?

That could take months to resolve by which time the DRO may be completed?

Just a thought.

It's at the point of becoming aware of funds rather than release.