Solicitor not responding - what are my options?

davidmcn

alsa1 wrote: »

she is the only one who deals with semi commercial builds (it is a converted shop to a house)

Not sure how that makes it "semi commercial" if it's no longer commercial in the slightest? Possibly they just mean it's slightly riskier compared with a bog-standard house which has been bought and sold many times in the past.

alsa1

davidmcn wrote: »

Not sure how that makes it "semi commercial" if it's no longer commercial in the slightest? Possibly they just mean it's slightly riskier compared with a bog-standard house which has been bought and sold many times in the past.

Essentially it used to be a shop but now converted to a residential property except for a courtyard that still has commercial usage in theory if one wanted to use it. Therefore I had to use a commercial solicitor. I only realised after instruction that this solicitor is the only one in their firm who is commercial. I sense she has way too much work for herself alone and so this has meant the really poor service received. But its still very poor of a partner to dismiss my complaint and say that there’s no one else to help so we just have to put up with it.

alsa1

GDB2222 wrote: »

Is it too late to swap solicitors?

I can understand that the other people in the firm feel they do not have the expertise to take over this case. So, they are, in a sense, just as much in a pickle as you are. They can nag the solicitor, but if this makes her take time off work because of stress, say, this is not going to help.

If possible, move on.

I have asked about de instructing but the partner says I have to pay the fees in full. This is in my opinion very unfair considering all the hassle we have experienced, incorrect documents & figures in the contract etc

GDB2222

alsa1 wrote: »

I have asked about de instructing but the partner says I have to pay the fees in full. This is in my opinion very unfair considering all the hassle we have experienced, incorrect documents & figures in the contract etc

That is something you can certainly discuss right now with whoever is dealing with your complaint. Offer the option of dealing with this reasonably now, or you'll pay the full fees under protest, and they can then deal with a long drawn out complaint to the Legal Ombudsman.

It's possible that your new solicitor can use some of the work that's already been done, but in all likelihood you'll have to pay the new solicitor more or less full whack.

Personally, I'd pay whatever is needed to be rid of the incompetent solicitor, on the basis that you may well get a lot of it back later. The most important thing is that the conveyancing is done accurately and competently.

Thrugelmir

alsa1 wrote: »

We have still not completed and had further issues to this day of this solicitor taking a week to respond to some emails.

What issues are holding up the process?

alsa1

Thrugelmir wrote: »

What issues are holding up the process?

The solicitor needs to send the set of usual replies to the lender before they release funds, but she has been stuck at this point since mid-December - even though searches are back. If you email to chase up there is no response or ‘i’ll get back to you shortly’. I always give her 48hrs to respond, but in 9 out 10 cases she has well exceeded that.

Thrugelmir

alsa1 wrote: »

The solicitor needs to send the set of usual replies to the lender before they release funds, but she has been stuck at this point since mid-December - even though searches are back.

Is your solicitor in a position to arrange for exchange contracts? There's more involved than requesting searches and asking for the funds.

alsa1

Thrugelmir wrote: »

Is your solicitor in a position to arrange for exchange contracts? There's more involved than requesting searches and asking for the funds.

The last I heard from her was mid-December, where she said funds would be requested in early January so I would assume we were ready to exchange at this point. But as I said she personally hasn’t contacted me yet this year, although the partner I complained to did reply, so I am still unaware what is happening.

m0bov

You need to contact a new sol NOW, ask them if they will take on the purchase. Get the file telexed/faxed over to the new sol. They will tell you what (if anything) has been done and what you need to pay.

Pay the outgoing sol for what they ask for, but pay under protested, they have failed to deliver the service in a timely and professional manor.

Once your all setup with the new sol, progress the complaint although it could be they have done very little. I had to swap twice during my FTB nightmare!

alsa1

m0bov wrote: »

You need to contact a new sol NOW, ask them if they will take on the purchase. Get the file telexed/faxed over to the new sol. They will tell you what (if anything) has been done and what you need to pay.

Pay the outgoing sol for what they ask for, but pay under protested, they have failed to deliver the service in a timely and professional manor.

Once your all setup with the new sol, progress the complaint although it could be they have done very little. I had to swap twice during my FTB nightmare!

Thanks, yes I am still inclined to move, but given the reaction of the partner I complained to (I even attached photos to show him the spelling mistakes & wrong purchase price) just closed ranks and said all fees are due. So I am struggling to decide whether to just put up with it for fear of paying twice.