Cheque or electronic transfer to Solicitor C/A for compensation

elainem

Registered User
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Re receiving compensation - iniitally I was told I was going to receive a cheque made out to me, but sent to solictior to send on to me. However, my solicitor then insisted that the insurance company transfer my compensation by electronic transfer to his client account. I said I would not sign any agreement unless I was getting a cheque to me. I had a bad experience on selling our house 4 years ago, where the sale closed and the solicitor did not pass on the money for 6 weeks, and then only when a letter arrived from Law Society. Am I right to insist on cheque?
 
Some insurers are now paying via EFT whilst others still do the cheque. I don't think you can insist on one or the other.

I presume you changed solicitor after the last experience???
 
The advantage of the EFT is that there is a definite record of money received and the exact amount.
Perhaps the solicitor has also had a bad experience in the past in relation to funds.

The only thing that I would be concerned to know is that the exact amount transferred to the solicitor client account matches exactly the amount of the solicitor's cheque to the client.
Specifically, I would be watching for any unilaterally decided or unauthorised deductions by the solicitor.
BTW if a discharge form is requested I would expect the amount of the agreed damages to be stated thereon.

Although technically not the correct etiquette I would ring the insurer directly and ask to know precisely what sum was transferred to my solicitor.
If the amount of the EFT and the client's cheque do not match I would be demanding an explanation failing which it could become a matter for the Law Society.
 
Although technically not the correct etiquette I would ring the insurer directly and ask to know precisely what sum was transferred to my solicitor.

Insurer will NOT discuss anything with you, if you have a solicitor involved. They will only discuss with solicitor.
 
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