Solicitors returning funds to the lender

Freefaller75

Hello,
Our solicitors forgot to return the funds to lender after the exchange/ completion halted. When we reminded them by email, 9 days later, they claimed they returned it the day before our reminder. Although the funds only left their account on the day of our email (according to their ledger). Is it possible? We think they are not being straightforward with us.

user1977

There's generally a delay between your solicitor instructing a transfer and it actually being actioned by their bank (given it needs to go through counter-signatory, their cashroom need to instruct the bank, there are cut-off times each day, etc).

Does it matter? If there are costs from their delay then the solicitors ought to bear them anyway.

Freefaller75

user1977 said:

There's generally a delay between your solicitor instructing a transfer and it actually being actioned by their bank (given it needs to go through counter-signatory, their cashroom need to instruct the bank, there are cut-off times each day, etc).

Does it matter? If there are costs from their delay then the solicitors ought to bear them anyway.

The solicitors keep lying to us and only act when we remind them to do something. But when we point it out they say they pre-empt our instructions, i.e. they have done the day before we instruct them. So wanted to see if we can prove it. 

saajan_12

Freefaller75 said:

Hello,
Our solicitors forgot to return the funds to lender after the exchange/ completion halted. When we reminded them by email, 9 days later, they claimed they returned it the day before our reminder. Although the funds only left their account on the day of our email (according to their ledger). Is it possible? We think they are not being straightforward with us.

What does it matter? The solicitor would have an undertakign with the lender to return the money and if they failed to do that within the timelines allowed by the bank, then they would be chasing the solicitors. 

Even if you could 'prove' it, what would you gain? You don't suffer any damages so as a result so you wouldn't get anything back for it. 

Freefaller75

saajan_12 said:

Freefaller75 said:

Hello,
Our solicitors forgot to return the funds to lender after the exchange/ completion halted. When we reminded them by email, 9 days later, they claimed they returned it the day before our reminder. Although the funds only left their account on the day of our email (according to their ledger). Is it possible? We think they are not being straightforward with us.

What does it matter? The solicitor would have an undertakign with the lender to return the money and if they failed to do that within the timelines allowed by the bank, then they would be chasing the solicitors. 

Even if you could 'prove' it, what would you gain? You don't suffer any damages so as a result so you wouldn't get anything back for it. 

It matters because they wouldn't have sent it if I hadn't reminded them. Not the first time either. I know that the money left after I'd asked them to send it back but they insist it was the day before that. in plain terms, I'm collecting evidence against their negligence.

DE_612183

Freefaller75 said:

saajan_12 said:

Freefaller75 said:

Hello,
Our solicitors forgot to return the funds to lender after the exchange/ completion halted. When we reminded them by email, 9 days later, they claimed they returned it the day before our reminder. Although the funds only left their account on the day of our email (according to their ledger). Is it possible? We think they are not being straightforward with us.

What does it matter? The solicitor would have an undertakign with the lender to return the money and if they failed to do that within the timelines allowed by the bank, then they would be chasing the solicitors. 

Even if you could 'prove' it, what would you gain? You don't suffer any damages so as a result so you wouldn't get anything back for it. 

It matters because they wouldn't have sent it if I hadn't reminded them. Not the first time either. I know that the money left after I'd asked them to send it back but they insist it was the day before that. in plain terms, I'm collecting evidence against their negligence.

But they said they had done it the day before, so they can argue that you did not remind them.

If the funds left the day after, it could have been that their internal processes meant that it took a few days between instigating the request and the actual transmission of funds ( reviews and checks etc that should be in place for the transfer on what I suspect is not a small sum of money ).

user1977

Freefaller75 said:

saajan_12 said:

Freefaller75 said:

Hello,
Our solicitors forgot to return the funds to lender after the exchange/ completion halted. When we reminded them by email, 9 days later, they claimed they returned it the day before our reminder. Although the funds only left their account on the day of our email (according to their ledger). Is it possible? We think they are not being straightforward with us.

What does it matter? The solicitor would have an undertakign with the lender to return the money and if they failed to do that within the timelines allowed by the bank, then they would be chasing the solicitors. 

Even if you could 'prove' it, what would you gain? You don't suffer any damages so as a result so you wouldn't get anything back for it. 

in plain terms, I'm collecting evidence against their negligence.

To what end though? It doesn't matter whether they were 7 days late or 9 days late, they were already late.