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Well my id says it all really plus well and truly shafted!

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  • Well the update on this after almost a year is that my old solicitor who admits negligence told us not to contact him again and passed it over to his insurers who will not get involved until i can show my loss, this has broke us and put me out of business with all my working capital spent having been spent on my new solicitors, I am claiming jobseekers but can only claim National insurance contributions, myself and my wife have reluctantly had to spend £30,000 in solicitors fees so far and it is now going to court, we have just had a quote for £30,000 for our court costs and £10,000 for the other sides plus we will have to pay others sides solicitors fees at £15,000 so it looks like totaling £85,000 for a stupid mistake that my old solicitor made on my behalf.
    The law society are involved but estimate that I may be awarded around £1,000 - what a joke.
    Our home iS now on the market so we carry on with this farse, - in the meantime, my mother,sister and brother-in-law have all suddenly died from cancer this year and my family may be spending Christmas in a caravan should our house sell.

    My old solicitor is scum of the earth - watch the TV, something will happen soon and I will be famous for all the wrong reasons.
    No doubt this would make a great story for rogue traders but too complicated to feature - such a shame might have saved me from a potential prison sentance.
  • wellfedup, I have only just read your story and my heart goes out to you, what a hellish year with so many devastating losses. Anyone would feel close to the edge in the circumstances.

    I can't offer any help regarding the case, but I get the strong impression that you and your wife must be incredibly resilient, just from the fact that you've seen it through to this point and are still standing. That's something very special you have together as a family. I only hope you manage to keep that in perspective and realise that it's worth so much more than what people have taken away from you so unjustly.

    Please let the court action take its course without giving in to the understandable temptation that is preying on your mind. Unfortunately, no amount of revenge can turn back the clock and undo what they've put you through! All it would do is drag out the saga. In the cold light of day, I doubt it would even make you feel better to take some action that you know deep down is wrong, even if you can somehow convince yourself it's worth it.

    Please continue to put your family first, and that means keeping yourself firmly at its heart. They have never needed you more! The nightmare should soon be at an end, but it's often said that the darkest hour is just before the dawn.

    I hope the financial losses, at least, will be compensated following the court action. You and your family truly deserve a chance to get back to the things in life that were most important to you before all this happened, and I hope you'll keep posting on your fightback.
    :T:j :TMFiT-T2 No.120|Challenge started 12.12.09|MFD 12.12.12 :j:T:j
  • Well - what a nice reply, seeing our savings go on this fisaco that was not our fault over 18 months has been bad, If it was not for my wife's sister bailing us out the solicitors error would have made us bankrupt and would have lost us our home, thats one of the facts that makes me so angry, I am lucky having assets to sell whilst someone else with no money or assets would have been made bankrupt and our old family solicitor did not give a toss whatever our situation was, I hope that I am not diagnosed with any terminal illness because I would certainly consider taking a suited scum with me.
  • redcar_2
    redcar_2 Posts: 631 Forumite
    Mrs Deadline - thats a great response - I wanted to say something like that but couldn't find the words.

    OP such a horrific story. Once you win your case which I assume you must will your solicitors insurance not cough up? I don't understand why the law society felt only £1000 is in order when it is clear the consequences have been so severe.

    From your story is the tenant's solicitor not liable as well in some regard?

    When you mention the other sides legal fees is this just in case you lose?

    I won't say keep things in perspective because if you did as you say you'd be ripping heads off but please just hang in there.
  • hethmar
    hethmar Posts: 10,678 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Car Insurance Carver!
    I dont follow really: the property is sold - it was down to the buyer's solicitor to check all this out before it all went through.

    Can you get the press to take this up for you?

    We have had dealings with a totally crap firm of solicitors - 3 years now and they have made a situation worse than when we started out, so I know how you feel but though you feel this awful at the moment, things will pass and sort themselves out. Dont place yourself in a position where you may regret your action and the effect it would have on your family.

    My heart goes out to you.
  • What do your new solicitors say about suing the original one for negligence? Or joining him as a party?
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • My new solicitors say I will win my case against my old solicitors who made the mistake but I cannot plead not guilty when my old solicitors so obviously sent the wrong lease to auction as they were acting on my behalf and the law see it as my fault, even my last letter from the claiments solicitor to my new solicitor stated:


    "It is clear that an error was made in the original documentation, an error which has been perpetuated by your clients, We are gathering evidence of the deliberate concealment of the true position by your clients"

    What a joke that is - just shows the squirmy way that these solicitors think when they know the TRUE facts!

    Even though the claiment knows it was not my error but that of my old solicitors, the above quote sums the situation up.

    My problem throughout this is the amount of money it is costing me to get into the position where I can pay off my claiment who only seems to want recission hence the marketing of my house, when I can show my total loss (that even includes a unwanted re-mortgage) I can the make a claim off my old solicitors insurer who will not offer indemnity, this means any decisions we make could be questioned i.e. why did you offer that and why didnt you offer this, no doubt whatever I do will be wrong in the insurers eyes, at the start we hoped that all would get round a table to sort this out, the buyer and all three solicitors but it was asking too much.

    You can probably guess that as a result of the last 2 years I am now on anti-depressents for the first time in my life and currently looking at 5 berth caravans on Ebay and will have to borrow £1500 of a relative to buy one.

    I cannot afford the £40,000 court costs so I would represent myself as my new solicitors says that I can only admit the fact that my old solicitor was negligent, whats the point in borrowing more money, my main concerns as many of you state is my FAMILY, my 12 year old son seems to be showing the stress with symptoms of OCD, within the last 6 months,he is constantly checking things, tapping things etc, we hope it's just a phase he's going through but looking at caravans on Ebay when only a year ago he was riding his motorbike in our garden must be making him think, plus with loosing 3 close famly members this year and his other Grandmother the year before all suddenly, well god only knows whats going on within ? The court case is set for next May so still alot of stress to come.

    To top it all my old tennant tells her hairdresser customers that I forged her signature "but the stupid woman signed the wrong lease herself" I even had texts from her telling me she was reporting me to the police and she even waited for my wife to leave school with my son who she jointly insulted, I have asked my current solicitors about this harrasment but they say it's best to do nothing so as far as the majority of locals are concerned my fraudulant actions created this problem.

    Thanks again to all that have replied, we seem to have gone down every avenue with this, non of our friends can believe how pathetic the legal system is with this but at the end of the day it's my families problem and no one elses, all this and the thought of my old smug solicitor living in his big house (I know where) and driving his big fancy car to and from work daily, this situation created by his shabby work has not affected him at all.

    If anyone does knows of any media/TV or newpaper that may be interested please let me know, this will just get swept under the carpet otherwise with only my family suffering and I would love to see my old solicitors face with a camera stuck in his smug face.
  • hethmar
    hethmar Posts: 10,678 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Car Insurance Carver!
    Have you tried Watchdog?
  • What do your new solicitors say about suing the original one for negligence? Or joining him as a party?

    We cannot sue him without being able to show our total loss first, basically we may have to buy our shop back for £144,00 plus pay the other sides costs etc
    Plus we have already thrown £30,000 at this so far including an unwanted re-mortgage - We cannot find the money to sort it out - that's whats breaking us !
  • hethmar wrote: »
    Have you tried Watchdog?

    Yes I did email Watchdog a couple of months ago - No reply
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