Possible Problem With Solicitor??

karlpountney

I was wondering if you could help me with a problem I may possibly be having with my solicitor; they havent returned my phone calls or emails regarding the matter. I also hope this is the correct forum for it, since its such a 'niche' complaint.

My great-grandmother died eighteen years ago and bequeathed me the sum of £250 which I was to receive when I turned twenty one; which happened this month. The money was to be looked after by the solicitor until such time. A letter my mother received dated the 24/1/1990 states that the money was going to be invested with Newcastle Building Society.


However when I received a letter and cheque from the solicitor on the my birthday it states that the money had been invested with National Savings and the total repayment amounted to £638.51 (before deduction of their Encashment fee equalling £60.00 + £10.50 VAT giving £568.01; which is the amount written on my cheque). However, my grandmother deposited £250 with National Savings in 1992 for me and I also received this back when I turned 21 and this amounted to £789.90 which is a big difference from £638.51. This is where my questions arise,

1. Is £60 + VAT reasonable for encashment and posting of a cheque to me? If this is a reasonable amount then there are no problems here; however this still leaves a few unanswered questions

2. Why and who made the decision to change the investment from Newcastle Building Society to National Savings? And why was no-one told?

3. Why has this money earned less interest than another in exactly the same entity? Surely this means that the solicitor is clearly not working in my best interest?


While I appreciate the amounts aren't large its more the principle of the matter and the fact that no one will answer my questions makes me wonder as to why this has happened. I tried asking the Law Society/Legal Compaints Service who just say this is a legal matter and therefore they cannot say anything.

Thank you in advance for any help

RadoJo

Is there no information on when the switch was made? I would guess that the money was transferred in order to benefit from a preferential rate with National Savings, but this is speculation. In terms of the difference between the two final sums, it would depend on how long the money had been in the account, so they wouldn't necessarily be the same for the same sum of money unless they were in the same savings plan for the same length of time - this might explain the discrepancy.

However, I would have thought that if all this was administered by the solicitor, they should have records of what was done and when. If they are avoiding your contact, could you go to their offices in person? If this is not practical, then write them a letter asking for a response within a certain time frame, send it recorded delivery and make it clear that you will not give up!

karlpountney

I would assume it was moved for a preferential rate too and I assume once the solicitor deposited the money it just sat there for 18 years, since its not worth their while moving it around all over the place.

They both started out at the same amount £250, one deposited in 1990 and one deposited in 1992 and the one in 1992 grew by an extra £150 even though it was saved for a shorter time with the same institution.

Thank you for your advice and I think I will send them a letter recorded delivery

setmefree2

Hi

I'm sure you can complain to the law society if you don't get an adequate answer. I'd mention this to them - they'll soon cough up:o

Voyager2002

setmefree2 wrote: »

Hi

I'm sure you can complain to the law society if you don't get an adequate answer. I'd mention this to them - they'll soon cough up:o

At the end the OP says that Law Society have declined to help.

I have never heard of an encashment fee: I have left funds with solicitors and later received cheques for them, but never been charged for this.

Anyway, I do not advise a personal visit: solicitors are busy people and don't see callers without an appointment, and if you make an appointment you will be charged for their time. A letter (recorded delivery) requiring them to provide full details of how they managed your legacy, and why it was moved, sounds like a good idea.

If you believe that the "encashment fee" or any other charges are unreasonable, you can apply to the Law Society for what they call "taxation", whereby they examine the fees and establish whether they are reasonable. Be aware that there is a fee for this.

karlpountney

I've had a reply from the solicitor and their answer as to where the money has been was very good and I am completely satisified with this.

However, I cannot challenge their fee and ask for a Remuneration Certificate as I am not their client - I am the beneficiary. So how can they charge me for work?

Furthermore, should these costs have not already been paid since they were known in advance?

vetfred

With the couple of solicitors I've worked at, they would basically hold a retainer on the estate from the beginning so that the adminstration costs were taken care of which meant every penny left to every individuals went to them.

If your Great Gran had left £5 and it became £60 over the period, would they be making a cheque out for £0?! If there are several people getting cheques, the solicitor is doing quite well out of it.

setmefree2

Voyager2002 wrote: »

At the end the OP says that Law Society have declined to help.

Oooops I never read anything properly:rolleyes:

karlpountney

There are six great grandchildren so indeed they are doing well! lol

If your Great Gran had left £5 and it became £60 over the period, would they be making a cheque out for £0?! If there are several people getting cheques, the solicitor is doing quite well out of it.

Thats exactly what I said, and what if she left £5 and it only went to £15 then would I owe them money?

So can I assume no retainer was left for these fees? Because my point all along is that this surely should have been paid for; or am I wrong?

vetfred

I can only say the two I worked at and the one other I have knowledge of all would have seen you getting every penny left to you because the retainer would have been taken at the beginning to ensure that. Whether they took one and are charging you as well I can't summise but they're pretty daft if they didn't - how else can they administer estates if they don't put money aside to do it? Seems wrong to take it from the payouts which are the amounts people were meant to receive. Ater all, that's the point in leaving money to someone.

Basically, upon maturity of the saving, the NSI probably wrote to the solicitor, the solicitor filled in the form, sent it back and they made out a cheque (this could have been made in your name I believe but take it that your cheque came from the solicitor rather than NSI?)

Anyway, from there, he's sent you a cheque deducting a fee.

Legal? I don't know. Would I be happy? Absolutely not.

karlpountney

Yes, apparently there have been 4 communications between NS&I and the solicitor. NS&I did indeed send payment to the solicitors who then deducted their fee from this and sent me a cheque for the remainder.

How would I find out if this is legal???
I tried the Law Society/Legal Complaints Service and they said they cant deal with on going leqal complaints? I asked for a Remuneration Certificate but as I am the beneficiary and am not their client then I have no power to do this - Only the Trustees of the estate have the power to do this. But if I am not their client how can they charge me?