Solicitor made mistake with stamp duty

geoffky

go halfs with them

tomatopuree

if you're unsatisfied with the response you have received from the firm, ensure you have gone through the complaints procedure that should have been laid out by the firm in a client care letter when you first instructed them. Once you've done that and you are still not satisfied then it could be worth checking out: http://www.legalcomplaints.org.uk/

It may be possible to get more money from them, it may not, but it is certainly worth a try as they have given you bad advice.

Hope this helps and good luck!

guppy

Seems they've been negligent, but that only entitles you to claim for any expense/worry/etc. that they've caused as a result of their mistake. There's no way they're going to pay your bill!

The law allows for you to be fairly compensated, but its not a profit making opportunity!

Den

We hire solicitors and pay them high fees for their professional work.
Scenarios: 1) How about if doctor would operate wrong arm and offer you payment back for surgery treatment? 2) If printer prints something wrong for you, they do reprint. But if it was urgent job, and you lost huge contract? They are not going to cover your losses.

Back to original subject:
I don't think they should pay full bill. Personally I think they should learn, and if they get away with small fine they will do it again! Don't have solution, but would not be happy with their current offer, specially after OP spent these money and don't have them now.

Debt_Free_Chick

guppy wrote: »

Seems they've been negligent, but that only entitles you to claim for any expense/worry/etc. that they've caused as a result of their mistake. There's no way they're going to pay your bill!

The law allows for you to be fairly compensated, but its not a profit making opportunity!

Agreed.

My understanding is that there is a "law of mistake". This provides that - where a mistake is made - you should be put into the position you would have been in, had the mistake not been made.

So ... if the mistake had not occurred, the OP would have paid the Stamp Duty months ago. And would not have incurred a fine.

Which leads us to the OP paying the Stamp Duty and the solicitor paying the fine.

There's a reason why the solicitor has made the offer they have - they happen to know what are lawfully required to do.

Richard_Webster

It is a difficult balance. OP acted to his/her detriment by using the £2,300, but has obviously had money that he/she should not have had. I think the solicitor may have to take payments by instalments.

Rachman_2

Den wrote: »

We hire solicitors and pay them high fees for their professional work.

Do you have any idea how little they get paid for conveyancing. Because we won't pay full whack. Take out an office, business rates, professional indemnity insurance, hardware leases, time, wages, disbursements before any profit, and I'd suggest that most conveyancers are charging you a lot less than the guy who changes the oil in your car.

This solicitor has ballsed up - they know it, they've offered to cover your costs, but it's a genuine mistake - we all make them - you want to profit from it. If you want to do that, a) remember what goes around, comes around and b) try to do a deal whereby they pay up and you repay in instalments.

I love the way people (not you) want it all their own way - they balls up, well, they should be let off, someone else makes a !!!! up and they want their pound of flesh.

pinkshoes

Surely you have savings to pay the stamp duty? (i.e. how would you pay your mortgage if you lost your job tomorrow?). And if you didn't have savings, why on earth didn't you put the £2300 into an ISA and gain 4 months worth of interest on it?

Yes, your solicitor made a mistake, but they've paid you compensation for the inconvenience, and are paying the late payment charge, so now you need to pay the stamp duty.

If you have to borrow that money via a bank, then perhaps the solicitor will agree to pay any interest on that loan, but personally I would argue that it's irresponsible to buy a house and not have savings to pay for any emergencies that may occur, like this one!

Richard_Webster

Do you have any idea how little they get paid for conveyancing. Because we won't pay full whack. Take out an office, business rates, professional indemnity insurance, hardware leases, time, wages, disbursements before any profit, and I'd suggest that most conveyancers are charging you a lot less than the guy who changes the oil in your car.

Thank you for your support.....

moneysavinmonkey

The solicitor has made a mistake. By law they must then compensate you so that you are in the position you would have been had they not made the mistake..... ie pay the penalty only.

They have also offered you £150.00 compensation presumably this reimburses you for the cost of their 'professional advice' which was initially wrong.

You are not entitled to £2300 worth of free 'stuff' because they made this mistake.

If you have spent this money that is unfortunate, you will need to recover is somehow or use other savings. The solicitors may agree a payment schedule but I doubt it. The idea of a bank loan with the solicitors paying the interest is more likely.