Advice against incompetant Solicitors

[Seaweed]

Hi

As you can tell i'm new to this site, i would like to see if/how its possible to complain about our recent court visit. Here's a brief intro -

My partner and I bought a house last september, our first step on to the property ladder. Everything was fine, all bills were being paid. My other half ended up breaking his fingers on one hand meaning he couldnt use the tools at work (engineer). So my pathetic wage was the main income. I phoned the mortgage company to let them know we would struggle to meet the whole amount that month.

So in the end we were making payments on top of the usual monthly payment. And we received a letter from their solicitors saying we were off to court for not making the arrears. We did everything we could to explain to both the solicitors and mortgage company that we were paying it bit by bit.

Our court date was the 16th June, we turned up expecting the worst. We went to the Usher who couldn't find us on the list for the days hearings. So she went elsewhere to find out why. We'd been taken off the listings. The court hearing had been cancelled because all the communication to the mortgage lender. They had agreed to add the remaining arrears to the end of the mortgage.

Only thing is now, we both lost a days work, we both went through an extremely scary experience. All because their solicitor hadnt bothered to let us know. The funny thing is the letter informing us the court hearing had been cancelled arrived this week. Bit late.

Just wondering if there is anything we can do to maybe compensate for the loss of earnings etc.

Thank you

Seaweed

[manchester1]

Bump , This could poss do with being posted in legal issues?

Manc1

[Seaweed]

Can someone help me re post this in to legal issues then, i'm still getting used to finding my way around the place.

Thanks

[I've got no money]

The other side's Solicitor doesn't owe you any negligence type duties. You might have more luck complaining to the Court that it [the court] should have told you sooner.

[Bona]

sorry but This is normal you have no redress thankyour lukey stars you didnt have to go through a hearing they would have added hundreds to your mortgage. these are some things you may be able todo at a later date
1. if they add solicitors fees to your mortgage complain to both the Mortgage company and the FSA stating what you lost because of the problem
2.if you have to go back to court tell the judge what happened and what you lost

[I've got no money]

I think that the problem is that it is not the other sides' responsiblity to tell you if the hearing has been vacated - the court should tell you. After all it is the court that sets and vacates hearings not the other sides' Solicitors...the court service has a complaints procedure.

[Seaweed]

But the court service told us to complain to the Solicitors for Future Morgages, apparently the court had been told by the Solicitors on the 11th of June that the case was being dropped. So the court didn't need to tell us it would have been the Solicitors who neglected to inform all parties. I understand what you guys have said but i think the Solicitors should be held responsible. And the fact that the letter from the courts did finally arrive 12 days after the court date, is disgusting. So i think i will write a letter to both the Court and the Solicitors and see what happens.

Thanks

[JonCris]

I don't know why the court told you to complain to the other sides solicitors (or perhaps I do) because as has already been pointed out they owe you no duty. Also without a costs order I can't see them offering you any payment.

Your fortunate they told the court it had been vacated as very often they just don't turn up leaving the other party (you) to hang around for ages

[I've got no money]

I still think that the court should have told you:-

That said have they discontinued the claim or have they just adjourned it off. If they've discontinued it then the position is different. On a discontinuance the normal rule is that the other side get their costs - the claimants solicitors should also have served notice of discontinuance on you. You are then entitled to all of your costs up to the service of the Notice

Can you post a copy of the letter you got from the court teling you that the hearing had been cancelled. I've got to go out now but I'll reply to it tonight

[Seaweed]

I've got no money - sorry for not replying, only just noticed your reply. I will dig out the letter and put it on here.

Thanks