Law Society , Claims of refund of monies paid to a solicitor.

[senni]

As of June 2014 Perm/Tsb Securities section has informed me that my solicitor had neglected to complete the conveyancing transaction on a mortgaged property that was purchased over 8 years ago and now i am personally liable and they want a solution within 10 working days ( not possible ) At the time I fully paid my solicitor. It transpires on ringing the Law Society this morning that my solicitor is no longer trading and i will need to complete an application form for a refund.

The Law Society stressed that it can take months and there is no guarantee that they will compensate us , as we have to prove that our solicitor was dishonest. His PI cover is not an option as he ceased to trade in Feb 2011 and therefore that avenue is closed off after two years ( they stated ) It also appears no one took over his files.

What is the best way forward ? We cannot afford a new solicitor and we cannot afford for Perm/Tsb to instruct one on their behalf as these charges will put our mortgage into arrears and will erode our mortgage payment agreement.

Thank you ......

 

[mf1]

Can you explain a little better?

Are you saying:
a. Money was taken? What money? You would not have closed the purchase without the mortgage funds
b. Conveyancing transaction was not completed and no money was taken?
c. Something else

I think you're saying that you bought a house, got a mortgage but that the conveyancing end of things was not finished? Not that the mortgage funds were taken by the solicitor?

If this is the case, then its not fatal and can be sorted out.

mf

 

[kmick]

I'd get another solicitor asap - you wont be able to satisfy any third party if you try and do it yourself. Make sure to ask your new solicitor to also engage with the law society - he may be able to expedite that matter more quickly than you. Buy a folder and keep track of all your costs in case this thing drags on. Dont communicate directly with the bank - let your new solicitor do this. Getting a refund of your fees is only half the battle here. If the conveyancing was not done properly your title may be affected. Again your new solicitor will have to sort this out to the satisfaction of you and the bank.

 

[Gerry Canning]

senni;
From your post it appears Ptsb have not acted carefully here.From your thread it appears they wish to (rush) you into sorting something that is only picked up after 8 years and that you could have reasonably thought was sorted.
To tell you 10days is bullying !
1.
Write to Ptsb and ask for a full and thorough explanation of how this occurred.Request a full copy of your file (do not be fobbed off)
Request they withhold any action until you get proper clarity and paperwork over what has occurred.
Tell them you are very concerned that it may even be ,that you do not hold Title to the property.
2.
The Law Society.
From what you say they are quick nuff out of the blocks to start covering their bases?They say you have to prove your solicitor was dishonest, it is probable he was just incompetent and I would think that if he was , they are caught.Be aware The Law Society are self -regulating(need I say more) .
Also keep a written paper trail on all this , including costs as per kmick..

I wouldn,t go to another Solicitor until you know for SURE what the issue is and have a fair idea is fault with Solicitor or Ptsb. After all what is a few months in 8 years?
{i just ain,t happy that Ptsb,s first reaction is to state you are personally liable}

 

[Vanilla]

If you paid the original solicitor to complete your conveyance for you and they did not do so, you can appoint a new solicitor to do it now and make a claim on the compensation fund for their fees. However there is a strict time limit of 6 months from the date you first became aware of the problem, see explanatory leaflet here:

[broken link removed]

Suggest you appoint a new solicitor to take up the file of your old solicitor from the Law Society- they have probably sent you authority forms to sign for your new solicitor to enable them to do this. Your new solicitor will examine the file, see if you did pay the old solicitor, see what remains to be done, help you complete a claim form for the compensation fund and then complete the work.