Solicitor mistake 40,000 held for 2 years after house sale/ purchase

I had the same thing with my solicitor but the amount in question was around EUR4k. In December 2006 I asked the solicitor for the money back, he said I'd get the money back if it was due to me. I made phone call after phone call and sent letters but he never returned the calls or replied to the letters. In May 2007 we got broadband and started to email him on an amost weekly basis. He never replied to our emails but we could see they were delivered and opened. July 2007 we got back on the phone again, this time he took the call and said I'd get the money back when he got it back. In July 2007 he sent us a cheque in the post and apologised for the delay. We later found out that the Stamp Duty office had issued a cheque to my solitor for the monies in December 2006 and on the 18 December 2006 my solicitor cashed it. If it were not for our relentless pursuit I am sure he'd have held onto our EUR4k. We could have chased him through the Law Society for interest on the monies he held without our permission but after 8 months of chasing him we had had enough and didn't bother. 5 of my friends used him for house purchases, needless to say we will never do business with him again - craftier than a sewer rat.
 
I note your case and would strongly advise that you pursue the issue with the Law Society- at least it'll be documented against this solicitor in question- maybe there are many more similar cases involving the same solicitor on their files. It would of course be different if he had treated you with respect and courtesy when you initially highlighted the issue- instead he ignored/ neglected etc your emails/ letters/ calls.

You could also make an Access Request under the Data Protection Acts to the Solicitor involved- send 6.35 euro with the request and ensure it's be recorded post- he then has 40 days to send you copies of everything he holds about you! A lot of photocopying....
 
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