# Solicitor to write a letter to the Credit Union?



## DrPhilG (10 Feb 2009)

I have applied for a loan from the credit union, and been accepted based on the fact that an inheritance is currently being processed and I will soon inherit an amount greater than the amount of the loan.

I have asked the solicitor to send a letter to the credit union confirming the current situation regarding the inheritance.

My question is, how long should this take?  In my brief dealings with this solicitor, he has been a bit crazy and unreliable.  The rest of my family are far from impressed with him too.  I have a sneaking suspicion that he will take far too long to send this letter, and I am in a hurry to get the loan because I need to convert most of the cash into sterling and the exchange rate is ever increasing so the longer this takes, the less sterling I'll get for my Euro!


----------



## Smashbox (10 Feb 2009)

Some solicitors have a lot of cases and so can't imput all their time to you. Have you stressed the importance of time on him? I would follow up with numerous calls and visits, enough to drive him into writing a quick letter to get you off his back.


----------



## mf1 (10 Feb 2009)

OP 

It seems to me from this post and your other posts that you are very busy and somewhat impatient. Things need to happen immediately for you, if not sooner. If you were my client, I suspect I would not like acting for you. 

What you are actually asking the solicitor to do is to facilitate you with the CU. Now I don't know if you are a client of this particular solicitor who is "a bit crazy and unreliable" or whether they are acting for the estate of which you are a beneficiary. If he is not acting for you, he does not have to respond to you. If he is acting for you and you are unhappy with his modus operandi, you should get another solicitor who will respond instantaneously to your instructions. 

mf


----------



## DrPhilG (10 Feb 2009)

mf1 said:


> OP
> 
> It seems to me from this post and your other posts that you are very busy and somewhat impatient. Things need to happen immediately for you, if not sooner. If you were my client, I suspect I would not like acting for you.
> 
> ...


 
It seems to me that you have not understood my post and should therefore not bother responding, rather than responding in such a rude manner.


My late uncle used this solicitor for years, purely out of habit. However he was never happy with his performance or attitude.
When my uncle passed away, some of the farming grants etc that he had were lost. If the solicitor had advised him correctly when making the will he could have passed on these benefits to the beneficiaries in the will but because the solicitor did not know or did not bother to tell him, the grants were lost.
The solicitor in question used to work for my parents but they changed because of his unreliability and eccentric, (crazy) behaviour.
He was my uncle's solicitor, and therefore while I appreciate that he is under no obligation to respond to me, I see no reason why he would not agree to such a simple request. The only reason we had a disagreement is because he threw a fit when I asked him, because he felt that I was pressuring him to give a time frame on the completion of the will. Despite the fact that I made it clear that I needed no time frame, only a statement of the current situation.
I do not need things done immediately, but every delay is costing me money so I would like this dealt with sooner rather than later. I don't care if the processing of the will takes 6 months, or 6 years.
I did not list all this off in the original post as I did not see the need. I stated that the solicitor was acting in a crazy way, that should have been enough.

Thank you for your "contribution" anyway.


----------



## dewdrop (10 Feb 2009)

I do not think that employing another solicitor is a realistic suggestion in that the latter would have to get an undertaking from the family solicitor in regard to the funds.


----------



## DrPhilG (10 Feb 2009)

dewdrop said:


> I do not think that employing another solicitor is a realistic suggestion in that the latter would have to get an undertaking from the family solicitor in regard to the funds.


 
You're right, and I have no problems waiting for this solicitor to finish up with the business he has, as my brother, father and myself have all agreed that it will be the last time the family have any dealings with him.  I'm in no hurry for the will to be executed, my only hurry is in getting this letter from him.


----------



## Brianne (10 Feb 2009)

A number of years ago , I was in a particular situation with the buying of one house and the selling of another in which time was of the essence. Basically, I rang  solicitor's office twice a day, developed a 'relationship' with the secretaries, used to bore the a..... of them and was unfailingly polite. It is not something that I would do just for the sake of, it but as I said, time was of the essence. End result was closure of two sales in eleven days!!! I was needless to say very grateful and even arrived with chocs to each of the secretaries. You will catch more flies with honey than vinegar!!!!


----------



## j26 (10 Feb 2009)

Am I correct in saying that the solicitor is not your solicitor, but solicitor for the estate?  If that's the case, have you asked the solicitor how much it will cost do draft the letter, and mention that you have a cheque waiting?

The prospect of some easy cash might tempt the solicitor to draft the letter quickly.


----------



## dewdrop (10 Feb 2009)

Just another aspect from the Credit unions point of view will the solicitor be able to confirm that funds are available now pending disbursement or is it dependent on the sale of some assets which could make the lodgment of the moneys open ended.


----------



## putsch (10 Feb 2009)

The latest professional advice to solicitors (good ones and bad ones!) is to never issue undertakings in relation to inheritances until the money is ready to actually be paid. Too many variables (tax liabilities etc) could result in the money not being available to be paid out to the institution and the solicitor would then be liable to the institution. So its not a simple thing you are asking for and you may not get such a letter at all.


----------



## whitegrass (10 Feb 2009)

Have you explained your position to the Solicitor in question. I think in fairness to the said Solicitor you are not entitled to make assumptions before advising him of you situation.  BTW the Euro gained against Sterling today...


----------



## DrPhilG (10 Feb 2009)

I did explain the details in full to the solicitor. I have spoken to an accountant and confirmed that I qualify for agricultural relief on the inheritance, so the maximum tax bill I will face is about €11k. Given that the inheritance contains a farm and €50k, there is no problem paying this tax bill.

All I asked him to state in the letter is that I was the named beneficiary and to confirm what the inheritance would contain. I did not ask him to comment on the potential tax implications or give any guarantees that the money will be paid back. In theory, I could receive the €50k and not pay the CU loan off with it at all.

If the bank were the lenders, they would expect the solicitor to give assurances that when the money cleared, it would be paid directly to the bank, not to myself. Because it is the CU, they are a bit more relaxed and just wanted confirmation that I am indeed due to receive an inheritance at some point in the future.

I think that the solicitor got the wrong end of the stick and thought that I was asking for more than I actually was.

In response to Putcsh, I see what you're saying and like I said, if it was a bank who were looking for assurances from the solicitor that he would send the money to them in settlement etc, then I wouldln't expect him to agree. But all the CU want is a confirmation that I have not just made up this inheritance off the top of my head in order to swing a loan from them that I'm not entitled to or able to repay.

Brianne, good point. I may give him a week and then call the secretary and ask nicely if the letter has been sent and if she knows when it will be. I'll not ask to speak to him in person as he seems to over-react a lot, (again that's based on the rest of the family's dealings with him).

Dewdrop, the money is not dependant on sale of assets etc, there is a farm and the contents of my uncle's bank account, my split of which is about €50k. (€49,075.50 to be precise)!

j26, he didn't mention a fee for the letter, that is something that I may ask the secretary about when I'm sweet talking her!


----------



## mathepac (11 Feb 2009)

DrPhilG said:


> ... In theory, I could receive the €50k and not pay the CU loan off with it at all. ...


Not quite. The solicitor will pay you your inheritance net of his fees, outgoings, VAT and the taxes which he will remit to the revenue.


----------



## Bronte (11 Feb 2009)

"My late uncle used this solicitor for years, purely out of habit. However he was never happy with his performance or attitude. 

I'll not ask to speak to him in person as he seems to over-react a lot, (again that's based on the rest of the family's dealings with him)."

For someone who is giving such bad service it seems your family sticks with him all the same.  You have not given any indication whatsoever of any wrongdoing on the solicitors part.  How soon exactly do you want the letter from the solicitor?  Do you have a pressing urgent need for the loan?  Maybe he needs to indeed confirm that the estate is as valuable as you state before giving any undertaking as 'talking' to an accountant means diddly squat.


----------



## Vanilla (11 Feb 2009)

I suggest that you talk directly to the solicitor instead of relying on vague answers here. 

Like mf1 I am always wary of people who come out with broad sweeping generalisations about their solicitor such as you have, suggesting you are not communicating properly with them but rather relying on internet help. The internet help you are getting is from solicitors (and accountants) who are voluntarily helping and do not appreciate another professional being slated on-line.

For example I think I drew mf1's attention to your tax thread by pm when I noticed a post that indicated the value of your home could not be reduced by mortgages- I knew this to be wrong because of a post mf1 made previously, and had the other poster not corrected herself I have no doubt mf1 would have.

I assume you HAVE spoken directly to the solicitor and explained the urgency? 

If not, that would be prudent now. I would also suggest that as this is completely outside of their role in acting for the estate that the solicitor is quite entitled to charge extra for this.

Brianne is quite right too- if you can't contact the solicitor directly- developing a good relationship with her/his secretary is a very very good idea. If my secretary takes a liking to someone I invariably end up with their file at the top of the pile.


----------



## dewdrop (11 Feb 2009)

Some posters need to realise that especially in rural areas it is very difficult to chang e solicitors who have acted for a familyfor generations. I appreciate all thu e credit union wants is some indication that you will benefit in time .  Have you have documentation which might satisfy them


----------



## DrPhilG (11 Feb 2009)

*Mathepac*, I understand what you mean. My point is that I have not asked the solicitor to give any specific undertaking to pay the credit union. I have just asked him to confirm that the inheritance exists and will be processed in due course.

*Vanilla and Bronte*;
I don't mean to be cheeky as I know you are only offering help, but have you even read this thread? You have both asked numerous questions in your recent posts that I have already answered and clarified.



Bronte said:


> For someone who is giving such bad service it seems your family sticks with him all the same.


I already said that my parents used to use this solicitor but changed because of his unreliability. I also made it clear that the only reason my uncle did not change was becaus of habit. Elderly farmers are set in their ways and wouldn't be bothered changing.




Bronte said:


> Do you have a pressing urgent need for the loan?


I already said that the reason for wanting the loan sooner rather than later is because the sterling rate is gradually improving so changing a large amount of euro into sterling sooner will save me money.




Bronte said:


> Maybe he needs to indeed confirm that the estate is as valuable as you state before giving any *undertaking* as 'talking' to an accountant means diddly squat.


I have not asked him to undertake anything. I have just asked him to confirm that I am a beneficiary and that I have been left land and money, subject to tax and fees.




Vanilla said:


> I suggest that you talk directly to the solicitor instead of relying on vague answers here.


Again, I have stated a few times that I did speak directly to the solicitor in question.




Vanilla said:


> The internet help you are getting is from solicitors (and accountants) who are voluntarily helping and do not appreciate another professional being slated on-line.


You should be irritated that the solicitor in question is bringing a bad image onto your profession, not leaping to his defence simply because someone critised him. I am a secretary, if you say your secretary is a bit rubbish, I'll take your word for it because you are the one dealing with them. I won't blindly leap to their defence just because they have the same profession as myself.




Vanilla said:


> I assume you HAVE spoken directly to the solicitor and explained the urgency?


As I said, I made this clear numerous times throughout the thread. I don't mean to be rude but I don't understand why people post questions without reading the facts stated which already answer these questions!.




Vanilla said:


> I would also suggest that as this is completely outside of their role in acting for the estate that the solicitor is quite entitled to charge extra for this.


I do expect to pay for this, I assumed that this fee would be added to the rest of his fees to be deducted. However I may suggest to the secretary that I will pay for this directly myself rather than have them wait for it.


*Dewdrop*, thanks for understanding my point completely again! However I don't have any documentation that would help, which is why I asked the solicitor. All I have is the will itself, but that doesn't state the cash amounts, that information was gained from the bank by the solicitor.  I only wish that I did have the information myself as it would mean not having to bother the solicitor at all.

Folks, I could also point out that I did not come here to complain about the solicitor or debate whether I would have to pay for the letter. All I asked is what the standard time is for a solicitor to send a letter at my request.

If someone in work asks me for statistical data, I know that a standard turnaround time for that data is about 3 days. All I am wondering is what the standard turnaround time for a letter of this type from a solicitor is because *I don't want to be rude* by going back pestering the man in an unreasonable time frame!


----------



## Simeon (11 Feb 2009)

DrPhilG  I already said that the reason for wanting the loan sooner rather than later is because the sterling rate is gradually improving so changing a large amount of euro into sterling sooner will save me money.
                                                                                                                                                                 So you are forecasting that sterling will get stronger. If you do get the money ASAP and sterling heads south ......... who will you blame? The banks? The solicitor? The Credit Union?


----------



## DrPhilG (11 Feb 2009)

Simeon said:


> So you are forecasting that sterling will get stronger. If you do get the money ASAP and sterling heads south ......... who will you blame? The banks? The solicitor? The Credit Union?


 
I have said a number of times that I am trying not to be rude to either the solicitor or any posters here but that response is just childish.  The sterling has got considerably stronger over the past 2 months so I am happy to change now.  My decision, my risk, my fault.

Didn't your mother ever tell you, "If you have nothing nice to say, then say nothing at all"?  At least the other posters here, even if I don't agree with them, were trying to be constructive and address the issue instead of just being smart.


----------



## Vanilla (11 Feb 2009)

Actually what you said was you 'asked the solicitor'.

To me this could mean anything from- you wrote to them, you emailed them right up to you made an appointment with them and asked them in person. If someone makes an appointment with me to ask me to do something I feel that they are taking the matter seriously and therefore so do I. If I get an email from someone and it doesnt explain any particular urgency, I treat it as such. Hence my question.

You didn't need to slate your solicitor in order to get help here. The fact that you have, in a forum where your solicitor cannot and would not defend themselves or put their side of the situation speaks volumes.


----------



## Vanilla (11 Feb 2009)

DrPhilG said:


> Didn't your mother ever tell you, "If you have nothing nice to say, then say nothing at all"?


 
Pot and kettle?


----------



## DrPhilG (11 Feb 2009)

Vanilla said:


> Pot and kettle?


 
I was responding to his comments towards me. He was simply coming into a thread without anything to contribute and hurling insults in order to get a response. Commonly known as "trolling".




Vanilla said:


> Actually what you said was you 'asked the solicitor'.
> 
> To me this could mean anything from- you wrote to them, you emailed them right up to you made an appointment with them and asked them in person. If someone makes an appointment with me to ask me to do something I feel that they are taking the matter seriously and therefore so do I. If I get an email from someone and it doesnt explain any particular urgency, I treat it as such. Hence my question.





DrPhilG said:


> I did explain the details in full to the solicitor.


Sorry if it wasn't clear enough, I didn't think of the possibilities of only having emailed or sent a letter.  What I meant was that I did speak directly to the solicitor, explained the reasons for my hurry and made it clear that I wanted no undertaking or guarantees, just a statement of the current situation.




Vanilla said:


> You didn't need to slate your solicitor in order to get help here. The fact that you have, in a forum where your solicitor cannot and would not defend themselves or put their side of the situation speaks volumes.


 
I don't think I did slate the solicitor here. I stated that he was unreliably and crazy. The reason for that statement was to emphasize my fears that he would not send the letter within a reasonable time frame. Again, my only reason for starting the thread was to understand what a "reasonable time frame" is for something like this.

Only when I was attacked for calling the solicitor crazy did I have to go into great detail on why he is so bad. And I don't think he needs to be able to respond to the accusations as he has not been named or slandered in any way. I could be making him up!

People are putting way too much emphasis on the fact that I don't like the way this man conducts business and are jumping on his "band wagon" purely out of some patriotic desire to defend their own profession. This is not a "let's stick the boot into Dr Phil's Solicitor" thread, it was a simple question asking what a reasonable period of time was to receive a letter. A question that has been repeatedly ignored in favour of bashing me for not liking a solicitor!

If you go to a restaurant and don't like the food, should every chef in Ireland jump all over you for disrespecting another chef? This is madness!


----------



## DrPhilG (11 Feb 2009)

*I am not looking to start a fight with anyone, let alone you Vanilla as you have helped me a lot in other threads and other queries. I just think that the emphasis of what I asked for has been lost because people are taking professional and personal offence to the fact that I called the solicitor crazy, something which I do apologise for. It was unnecessary and offensive to other soliciters here.*

*But it is unreasonable to assume that every other solicitor is as good, professional and reliable as yourself. I merely pointed out that this man does not have a good reputation or past record with my family.*


----------



## Simeon (11 Feb 2009)

DrPhilG said:


> I have said a number of times that I am trying not to be rude to either the solicitor or any posters here but that response is just childish.  The sterling has got considerably stronger over the past 2 months so I am happy to change now.  My decision, my risk, my fault.
> 
> Didn't your mother ever tell you, "If you have nothing nice to say, then say nothing at all"?  At least the other posters here, even if I don't agree with them, were trying to be constructive and address the issue instead of just being smart.


 http://www.x-rates.com/d/EUR/GBP/graph120.html
Well DrPhilG! As you can see ......... it's a bumpy ride. I wish My confidence was as strong as yours. You've obviously done your homework. Have you not passed this on to George Soros?


----------



## DrPhilG (11 Feb 2009)

Simeon said:


> http://www.x-rates.com/d/EUR/GBP/graph120.html
> Well DrPhilG! As you can see ......... it's a bumpy ride. I wish My confidence was as strong as yours. You've obviously done your homework. Have you not passed this on to George Soros?


 
It may go either way but I think it's more likely to rise a bit more so I would prefer to change now.  I just wish I'd done this weeks ago when the rate was so close to even.


----------



## Vanilla (11 Feb 2009)

DrPhilG said:


> ...*I called the solicitor crazy, something which I do apologise for. It was unnecessary and offensive to other soliciters here.*


 
Fair enough.

IF a client asked me directly to provide such a letter to the CU and IF they explained directly to me that they were worried about a currency change affecting them unfavourably then I would ensure letter went out same day. 

Suggest you go back to your solicitor and ask him/her when they will be able to send out the letter, I do not think it would be unreasonable to expect a swift service given the urgency.


----------



## DrPhilG (11 Feb 2009)

Vanilla said:


> Fair enough.
> 
> IF a client asked me directly to provide such a letter to the CU and IF they explained directly to me that they were worried about a currency change affecting them unfavourably then I would ensure letter went out same day.
> 
> Suggest you go back to your solicitor and ask him/her when they will be able to send out the letter, I do not think it would be unreasonable to expect a swift service given the urgency.


 
I did try to explain that just like you have said and he got very frantic and started complaining that he could give no such undertaking etc. Like I said my brother warned me that he tended to get very worked up about things and go off on a rant so I tried to explain things as clearly as I could but it still went wrong.

I suspect that he assumed I wanted a letter stating that this money was guaranteed and would be paid directly to the CU and reacted as such. I couldn't even try to explain myself and clarify as he pretty much shouted about these things and then hung up!

I had to get my brother to call him back and explain things again before he calmed down and said that he would send the letter but he gave no indication of when it would happen.

I'll wait til Friday and then call the secretary and ask if it has been done. If not I'll try be extra polite, offer to pay now rather than later, and explain to her the importance of it.


----------



## Brendan Burgess (12 Feb 2009)

As the OP deems it fit to insult people whose answers he does not like, I am closing this thread.

Brendan


----------

