A valid complaint against solicitor?

luees

Last year I sold a buy to let property with my ex husband (children all grown up - profit from property was used for them). The proceeds from the sale were supposed to be paid into that joint account that had supported the children but on the day, the solicitor handed my ex husband a check in his sole name and he paid it into his own account - contrary to what had been agreed.

When this came to light, the solicitor sent him a letter threatening court action if he didn’t return the funds. He ignored it. I was then referred to another dept. within the solicitors that deal with matrimonial finances (we’ve been divorced for 7 years but did not have a clean break agreement). I have now racked up over £1000 in fees trying to rectify this situation - which essentially has only amounted to one letter sent to him outlining my terms which he has also not responded to appropriately.

I cannot afford to keep paying out fees like this and am thinking of making a complaint to the legal ombudsman.

davidmcn

Not sure why you're being charged fees to sort out the solicitors' own error? I presume the property was in joint names? Certainly shouldn't be paid to just one of you unless you both gave instructions to do so - have the solicitors explained why they paid it just to him?

kinger101

This might be important to whether you have any claim against the solicitor.......

Had the solicitor paid the money into the joint account, was there anything to stop him transferring all the money out anyway?

And if he does now hold your money, have you reported him to the police for theft?

At the very least, I can't understand why the solicitor is charging you for their mistake.

luees

At first, when my ex husband said that he had paid it in to his own account, they said that the cheque had been made out to both of us but when they checked, they admitted that they had handed him a cheque just to him in error. Initially, they threatened court action but somehow I have ended up paying for this to be sorted out.

kinger101

luees wrote: »

At first, when my ex husband said that he had paid it in to his own account, they said that the cheque had been made out to both of us but when they checked, they admitted that they had handed him a cheque just to him in error. Initially, they threatened court action but somehow I have ended up paying for this to be sorted out.

Was the cheque made out in both names? I'm not sure a bank can put a jointly named cheque into a single account. Might be another avenue to pursue.

luees

No just his name

kinger101

luees wrote: »

No just his name

Personally, I'd write a letter to the senior partner at the firm demanding a cheque for my share of the money, saying you intend to escalate matters if it's not issued in 5 business days. You need to do this before you involve the legal ombudsman.

I'd also consult another solicitor finding out what remedies you may have against either the first and your husband.

I'd also report the husband for theft. Maybe the police won't get involved, but a knock on the door from a bobby might resolve things quickly.

TN1984

I don't really know anything about the solicitor complaint element (though I agree with others they really should not be charging to put right their error), but this would surely be deemed as theft by your ex-husband?

M_Python

luees wrote: »

Last year I sold a buy to let property with my ex husband (children all grown up - profit from property was used for them). The proceeds from the sale were supposed to be paid into that joint account that had supported the children but on the day, the solicitor handed my ex husband a check in his sole name and he paid it into his own account - contrary to what had been agreed.

When this came to light, the solicitor sent him a letter threatening court action if he didn’t return the funds. He ignored it. I was then referred to another dept. within the solicitors that deal with matrimonial finances (we’ve been divorced for 7 years but did not have a clean break agreement). I have now racked up over £1000 in fees trying to rectify this situation - which essentially has only amounted to one letter sent to him outlining my terms which he has also not responded to appropriately.

I cannot afford to keep paying out fees like this and am thinking of making a complaint to the legal ombudsman.

Do you have any proof that that is what was agreed between yourself and your ex-husband and communicated (in writing) to your solicitor or was it just verbal?

davidmcn

Even if the cops took an interest (doubt it) pursuing the solicitors will probably be a swifter way of getting your money back.

davidmcn

M_Python wrote: »

Do you have any proof that that is what was agreed between yourself and your ex-husband and communicated (in writing) to your solicitor or was it just verbal?

The default if selling a jointly-owned property is that the proceeds are paid out jointly (or divided equally). Solicitors would need instructions from at least the OP before they could pay the whole proceeds to their ex.