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Problem with Solicitor holding money


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After selling my house recently an error was made by the conveyancing solicitor that resulted in my 'ex' receiving £4000 that that she should not have, this is agreed to be the case by all parties [me, her solicitors, the conveyancing solicitor and she herself] but she has paid the money to her solicitor who has decided to keep it, despite requests for the money he is refusing pointblank to release it, he says it is for [and I quote] "further costs we may incurr" I am not happy about it but the conveyancing solicitor says he can do nothing as I allowed the conveyancing to be run by them and they have control of the final payout.

 

They have had the money since February...

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I've moved this out of the welcome forum in the hope that it may be spotted here by someone with some knowledge in this area.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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After selling my house recently an error was made by the conveyancing solicitor that resulted in my 'ex' receiving £4000 that that she should not have, this is agreed to be the case by all parties [me, her solicitors, the conveyancing solicitor and she herself] but she has paid the money to her solicitor who has decided to keep it, despite requests for the money he is refusing pointblank to release it, he says it is for [and I quote] "further costs we may incurr" I am not happy about it but the conveyancing solicitor says he can do nothing as I allowed the conveyancing to be run by them and they have control of the final payout.

 

They have had the money since February...

v-bird, are you in England or Scotland?

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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In that case I suggest having a chat with these people, who will probably be able to advise you: Law Society of England and Wales - Complaints about solicitors

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thankyou, I have done this but they seem rather vague in what they can and can't do.

 

However the site referred me to the Legal Complaints Service and this bit caught my eye...

 

Complain about someone else's solicitor: How do I do this?

 

We can't deal with your complaint if it is about the service provided by someone else's solicitor or about the impact on you of the actions of someone else's solicitor – for example, divorce proceedings.

Action can only be taken if the solicitor has broken the rules of professional conduct – which all solicitors must follow. Breaking these rules, is called misconduct.

Some examples of possible misconduct

  • the solicitor lies to you or others
  • the solicitor uses his or her position to gain unfair advantage of you
  • the solicitor is holding money that belongs to you
  • the solicitor fails to comply with an undertaking they have given to you or your solicitor
  • the solicitor discriminates against you on the basis of race, religion, gender, sexual orientation, disability or age

If the solicitor has engaged in misconduct, the Solicitors Regulation Authority can take action in the public interest. But the SRA can't pay you compensation.

Before you write to us, it might be useful to discuss your concerns with your own solicitor, or call our helpline – 0845 608 6565.

 

The bold bit is of interest to me as the party holding my money is her solicitors.

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UPDATE.

 

Have now issued a writ on form N322 for the money owed with interest and the cost of Bailiff to enforce the order.

 

Bailiff due at the Solicitors office Friday 13th April.

 

This should be interesting!

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UPDATE.

 

Have now issued a writ on form N322 for the money owed with interest and the cost of Bailiff to enforce the order.

 

Bailiff due at the Solicitors office Friday 13th April.

 

This should be interesting!

 

Nice one VBird! Did you ever complain to the Authorities?

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Guest tlusnoc

Never come across an N322, however form N322a is "Application to enforce an award" v-bird are you saying you have in such a short period of time, obtained judgement against the solicitor in question and are now enforcing judgement?

 

I may have misread your OP or you may have only told half the facts, however I am rather confused by this latest development.

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The problem lies in the fact that the matter went to Court last year, the award was 50/50.. the exs' side decided to keep an extra £4,000+ 'just in case'... now Court orders are effectively orders for both sides to adhere to, so effectively my action is to enforce a judgement of April 2006.

 

The bailiffs are due at the solicitors Friday but have been told that contrary to their written statement that they hold the money they are now claiming not to have it and that my ex has had it all the time...

 

I think they call that 'squirming', he has written saying it is in the clients account, the clients account is controlled by the firm of solicitors therefore the bailiffs will either be paid in cash or they will seize goods to the value which with fees is not far short of £5,000 now...

 

Friday will be interesting.

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Guest tlusnoc

Thanks for the update v-bird, thought there must have been something missing. Good luck for Friday and look forward to hearing of the outcome.

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Consult on a totally separate matter would you know that if a letter is hand delivered with the envelope clearly marked 'Without Prejudice' but not on the letters themselves are such letters allowed to be presented to Court?

 

I clearly marked all my letters [everyone hand delivered] in such a way, yet all my letters were presented to Court and referred to throughout the hearing.

 

I always thought that W-o.P. meant they were not to be shown in court.

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Yes - but the LETTER has to be so marked. Often the letter arrives at the addressee without the envelope because big firms have staff purely to open letters and discard envelopes. Unfortunately you could not in this instance complain to the court that the letter was par of a "Without Prejudice" conversation because the letter bears no marking.

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If there isn't anything in the letter that you don't want the court to see, don't bother putting WP. The only ones who tend to use it are those with something to hide in my opinion, not that I'm putting you into that category I hasten to add.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well the last 24 hours have been interesting... first though I still don't have my money!

 

But I will have next week.

 

The 322a has to be put in with the 323 [£90 for the pair] because of the unusual circumstance.

 

The solicitor and my ex variously 'accused' each other of having the money in an attempt to avoid it being paid.

 

In the end it weas decided [at 4.30pm] that whoever has it the people who are to be served the writ of execution is her solicitors and on Monday this will happen.

 

The case has filtted between Newbury and Oxford for most of the day but looks to now stay in Newbury.

 

The delaying tactics wont work after monday as the writ has been accepted as having a legal basis by a Circuit Judge.

 

Looks like things might reach an end next week... we shall see.

 

I'll keep posting updates just in case this happens to any other poor soul with a s|ut of an ex with cu|\|t of a lawyer as cohort.

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Guest tlusnoc

Friday the 13th, not a good day for these things. Hope all goes well next week and you get the result your obviosuly entitled to.

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Got a call, the 'otherside' offering to pay if bailiff cancelled so agreed to hold off for a week... received a cheque today... for slightly less than £2000.

 

NOT ENOUGH!

[and plain rude too!]

 

So, back down to the Court in 5 minutes, re-instate with new figure for Bailiff to collect.

 

I feel like a fool, I took them at their word that they would payy all and they haven't.

 

I feel slighted and I have noticed that I can claim for my time as a 'Litigant in person', my computer logs how much time I spend on my work and my 'play' on the net and I have spent a good 150+ hours on this alone over the last 3/4 months reading up on the law etc etc, now am I right that I can charge this at £9.50 per hour?

 

Damn it, I know it's petty, but I am really fed up with them sending me bills and me sending them none for my time, I win but get nothing for all my time and effort...

 

Any ideas???

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