jaguar1619
Registered User
- Messages
- 6
Your parents need to go and get independent advice from another solicitor.
You will find it very difficult to find another solicitor that will persue the first for negligence. Solicitors in this country have a lovely agreement that they dont sue each other. Your best chance is to go to a different county/area of the country where you might get one to sue the first (as they will not deal with each other on a day to day basis there is a chance the second would persue the first.) Isnt it a great profession, you mess up rightly and have the knowledge that no other solicitor will take a case on behalf of a client against you
There was stamp duty on the house, which my parents were fully aware of, but the solicitor told them they should wait for their old house to be sold before paying the stamp duty as they would save money by borrowing less money on the bridging loan and saving on the interest - which my parents were very grateful to the solicitor for.The fact that there is a penalty if stamp duty is not paid was never mentioned.
I would think that the solicitor is negligent if he gave this advice. If the bank complained, it suggests that there might be a case to answer.The bank has since gone to the Law Society, about the solicitor regarding this issue. The solicitor in his most recent letter to my parents has said that he wants the issue sorted out quickly as the Law Society are waiting for his response.
Presumably the penalty was 45% (30% + 15%) of the amount due.1% per month or part thereof before 01/09/02
- per day or part of a day from the date the electronic message was generated to the date of payment of the unpaid duty, and
- an amount equivalent to:
- 10% of the unpaid duty, where the duty is paid not later than 6 months after the date the electronic message was generated, or
- 20% of the unpaid duty, where the duty is paid more that 6 months but not later than 12 months after the date the electronic message was generated, or
- 30% of the unpaid duty, where the duty is paid more than 12 months after the date on which the electronic message was generated.
I would echo the requirement to talk to another solicitor but is there any merit is also approaching the revenue with a complete explanation?
What is the benefit of getting independent legal advice at this stage?
Who is going to pay for the solicitor?having a solicitor act for them now makes complete sense, it will cost them nothing
and do all this while being able to obtain their fees from the other solicitor.
A competent layperson should be able to get the solicitor to pay the penalty.
I have no doubt that if the parents contacted a competent, efficient solicitor that they could do it for them and promptly. However, there is a very significant risk that the solicitor will not be too pushed about it and will add to the delay.
So, there is no advantage and there is a significant disadvantage.
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