Professional negligence – solicitor delayed 3+ months after denial what should I do?

gheorghian1993

Hello everyone,

I’m dealing with a very difficult and stressful legal situation and would appreciate any guidance from people with similar experience.

My previous solicitor seriously mishandled my conveyancing case when I was buying my first home. A new solicitor has since filed a formal Letter Before Claim against them for professional negligence, breach of duty of care, and mismanagement of conveyancing.

The allegations are very serious and include:

• Allowing completion with conflicting TP1 forms and plans (different versions signed by buyer and seller),
• Failing to properly respond to HM Land Registry requisitions for months, which resulted in cancellation of my title registration,
• Giving misleading information and blaming others (e.g. seller, Land Registry delays),
• Suggesting inappropriate “no win, no fee” actions while still charging me,
• Causing severe emotional and financial harm, including risk to my mortgage.

My new solicitor sent a very strong Letter Before Claim in November. The other side (the previous firm) took the full 3-month pre-action period and replied in early March  they denied everything and blamed the seller.

Since then, my solicitor hasn’t responded to that Letter of Response. It’s now more than 3 months and 1 week later. I keep following up he replies kindly and says “I will send it this week”, but this has been happening for over 6 weeks now. Nothing is progressing.

Meanwhile, my bank is starting to ask questions about the cancelled registration and my mortgage. I feel completely stuck and under pressure.

What should I do in this situation?

• Should I request a second opinion?
• Should I escalate or file a complaint?
• Can this kind of delay affect my legal position?

Thank you so much for any help or advice. I’m trying to stay calm, but I feel totally lost.

user1977

You can point the bank towards their (i.e. your original) solicitor - the bank are also clients and just as entitled as you are to pursue action against the solicitor. And they'll know that there's not much else you can do than what you already are.

tacpot12

I think I would escalate this by asking for an appointment with the solicitor and sitting with them until they complete the letter of response - that way you get to time how long they spend working on your case!

gheorghian1993

Thank you so much for your reply  I really appreciate it.

just wanted to clarify that the bank has already taken action and directly contacted my current solicitor. They named him personally in a formal letter and demanded to know the legal strategy being taken.

They also described my case as “minor”, which I find quite inappropriate given that my title registration has been cancelled and the matter involves serious allegations of professional negligence against my former solicitors.

The bank had previously told me I had to seek Independent Legal Advice, which I did. I have followed all their instructions, but now they are trying to interfere with the legal process by pressuring my new solicitor for details that are confidential between lawyer and client.

I feel caught in the middle. I understand the bank wants to protect its interests, but I also feel they are overstepping by trying to influence or monitor my legal steps.

m0bov

Ask the bank to stop contacting your current sol and they should instruct their own. They should pursue the negligent solicitor themselves without involving you.

Definitely meet your current solicitor and don't leave until you have a firm plan and timescale.

If the bank keeps chasing you, remind them you'll contact the police to report them for harresment. As you are both clients, it's between both of you and the negligent solicitor, not between clients.

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