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Hi

 

Does anyone have any advice on pensions? My partner has a private pension plan worth around £24K but we need to draw the 25% she can take in order to pay some outstanding rent arrears on a shop we leased (long, and painful story to do with the solicitor failing to assign the lease to use....etc etc). Anyway, we aren't keen on taking out an annuity as the amounts we would subsequently get are tiny - but it doesn't look like we can leave the money in a policy of any kind and defer this annuity buiness. Im 43 and my partner is 51 - both now back in full time employment, loads of debts due to the shop, but just about holding on to the house.

 

Any help appreciated.

 

Popeye

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How long ago did the Solicitor make a mistake? If the mistake caused your parents financial loss you can make a complaint and if it is not dealt with satisfactorily take it to the Legal Complaints Service - LCS: Legal Complaints Service home.

 

If you post more in depth details of what happened I'll try to help.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Hi Legal Pickle

 

Basically, we took over the lease of a small gift shop in Blackpool in September 2006. We signed up, got the keys and kitted the shop out ready for trading the following Easter. We hadn't heard anything from the actual landlord, but were told that things were handled by a property management company and that we should pay the rent through our solicitor, who passed it on to their solicitor. Some issues cropped up with the general repair of the shop - which we passed on to our solicitor - and heard nothing back. Eventually we rang the property management company to be told that we were in fact trespassing and that we didn't in fact own the lease ! Letters back and forth etc etc and it transpired that the licence to assign hadn't been completed. We stopped paying the rent whilst this was sorted out and now have arrears. We've got a different solicitor involved and he does that that the original was negligent, but has told us to sort out the lease first and any other issues later.

 

We don't want any more to do with the shop really, but it seems that contractually we are obligated - so it's all a bit of a mess !

 

Any advise appreciated

 

Popeye

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If the lease hadn't been signed you aren't contractually obligated.

 

If previous Solicitor was negligent then you should be able to claim damages through the LCS, but preferably matters should be completed first so you know the amount of damages you have incurred.

 

I would write a letter of complaint to the previous Solicitor, harshly, when you have finished sorting it out, giving him 28 days to provide a satisfactory response or you will take it to the Legal Complaints Service and also have your Solicitor report him to the Solicitors Regulation Authority [the last bit would be a threat, I doubt it's worth doing that].

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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