Solicitor holding me to ransom

Helptobuypurchase

We have had to change solicitors due to Covid-19 and our old solicitor saying they will not proceed with the transaction until government restrictions have been lifted. Found another solicitor who are willing to exchange and complete next week. 

So contact my old solicitor and ask them to release my deposit and send my files over to my new solicitor. This is where it gets interesting. We agreed to old solicitor on a no completion no fee basis. However, they have now said they will not transfer my files  or my deposit unless I agree to pay them all fees plus a few extras up to the grand tune of £2300. This is not including the £500 they have already had off me for searches etc...

Has any one been in a similar situation or can give advise.  

brianposter

Helptobuypurchase said:

We have had to change solicitors due to Covid-19 and our old solicitor saying they will not proceed with the transaction until government restrictions have been lifted. Found another solicitor who are willing to exchange and complete next week. 

So contact my old solicitor and ask them to release my deposit and send my files over to my new solicitor. This is where it gets interesting. We agreed to old solicitor on a no completion no fee basis. However, they have now said they will not transfer my files  or my deposit unless I agree to pay them all fees plus a few extras up to the grand tune of £2300. This is not including the £500 they have already had off me for searches etc...

Has any one been in a similar situation or can give advise.  

Not really able to advise, but get the refusal to proceed in writing - email should be good enough.

HampshireH

No completion no fee would normally relate to them. Not if you refuse to allow them to finish the job.

They are saying they can but just not right now.

Helptobuypurchase

HampshireH said:

No completion no fee would normally relate to them. Not if you refuse to allow them to finish the job.

They are saying they can but just not right now.

I understand that but mortgage offer will run out if the restrictions are in place past 3 weeks and with banks now pulling mortgages I will not be able to extend the offer and I will lose the house. And why should I be charged in full plus extra when they have not completed the whole service? 

Also PM has said house moving is allowed https://www.bbc.com/news/uk-52053527

Helptobuypurchase

brianposter said:

Helptobuypurchase said:

We have had to change solicitors due to Covid-19 and our old solicitor saying they will not proceed with the transaction until government restrictions have been lifted. Found another solicitor who are willing to exchange and complete next week. 

So contact my old solicitor and ask them to release my deposit and send my files over to my new solicitor. This is where it gets interesting. We agreed to old solicitor on a no completion no fee basis. However, they have now said they will not transfer my files  or my deposit unless I agree to pay them all fees plus a few extras up to the grand tune of £2300. This is not including the £500 they have already had off me for searches etc...

Has any one been in a similar situation or can give advise.  

Not really able to advise, but get the refusal to proceed in writing - email should be good enough.

I have the email stating that they will no longer be able to proceed on my purchase for the foreseeable. 

greatcrested

Have you asked the new solicitor for their legal opinion on this....?

Helptobuypurchase

greatcrested said:

Have you asked the new solicitor for their legal opinion on this....?

Yes, they have said not to agree to the fee. Which I won’t but I am frustrated that they have been promising to give me my deposit back and send my files over since Tuesday. Then today receive an email saying actually they won’t release anything until I pay them. They are trying to charge me for mortgage, help to buy even though they haven’t sent of the forms, new build supplement etc.. when they have not completed in any, how can they justify that. 

tacpot12

I think you need to offer them a fair price in full and final settlement of their bill, say £1,000. Say that you are only prepared to pay for work they have done, and also say that if they don't accept, you will sue them for any difference in the cost of your mortgage over the next 25 years. Point out that they are being unreasonable in the light of government advice, and say that you expect a judge will agree with you. I expect they will back down. If they don't, and you instruct a second solicitor, you will have to pay the first solicitor something for the work they have done, and the second solicitor to repeat all their work. 

bigmortgage

Government and law society guidance is to delay exchange of contracts. They are following that guidance. I think finding a mutually equitable solution as suggested above is the best way forward.

Helptobuypurchase

I’m not saying that I wouldn’t pay them for the work that has been done, my gripe is that they are trying to charge me in full and extra.

I understand their stance and they are following guidance, however the PM has said house moves can go ahead, I know I haven’t exchanged but I have gave notice and need to be out by the 3rd of April, hence why I am pushing forward. 

bigmortgage

Helptobuypurchase said:

I’m not saying that I wouldn’t pay them for the work that has been done, my gripe is that they are trying to charge me in full and extra.

I understand their stance and they are following guidance, however the PM has said house moves can go ahead, I know I haven’t exchanged but I have gave notice and need to be out by the 3rd of April, hence why I am pushing forward. 

I think you're right, I'd be angry too, but they are following the advice given to them and you don't have time to fight.