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Legal matters

Solicitors holding money

12 replies

IsThatTrue · 30/01/2013 10:57

Right I need a bit of advice I sold my part buy/part rent property last February. The solicitors had to hold onto some funds from the sale until the end of year accounts were in, in case extras were needed in regards to a repair that was done and the maintenance paid over the year. They said they would contact me after April.

I didn't chase it as I was going through a nightmare pregnancy. I first called them in October when the solicitor told me she would chase the housing association and get back to me. I heard nothing. Since new year I have called 10 times. Each time leaving a message on her answer phone requesting she call me back. I haven't heard a thing.

What should I do? I'm finding it hard to keep chasing as I have a 7week old baby and 2 other dcs. But I'm skint and really need That money back! Help please oh wise MNers!

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fedupwithdeployment · 30/01/2013 11:09

If the solicitor has sat on money for that long, and is now refusing to return your calls, you should contact the SRA (solicitors' regulation authority). Google them and call the complaints line. You should also get some (very minimal) interest on the money they have been sitting on.

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IsThatTrue · 30/01/2013 11:13

Thanks fedup I will look into that tonight.

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Collaborate · 30/01/2013 12:06

You'd have to go through the firm's internal complaints procedure first.

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fedupwithdeployment · 30/01/2013 12:15

Good point collaborate. However, if there is no response....the sra is still there. Also you could state that unless there is a responses within 24 hours?? you intend to contact teh SRA. Just in case the problem is your contact, perhaps you could email other solicitors in the practice including the background?

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IsThatTrue · 30/01/2013 12:21

I was thinking of emailing the solicitor and emailing their complaints stating that if I get no response within 24 hrs I will go to SRA.

Would this be to do?

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fedupwithdeployment · 30/01/2013 12:25

In the letter of engagement that you should have been sent after you instructed them, they should set out the procedure. Or if you don't have it, you could check website if they have one.

I think that if you can't find anything to the contrary there, your suggestion sounds reasonable.

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Collaborate · 30/01/2013 12:36

you'd be expected to give them more than 24 hours to respond to a complaint. My firm will acknowledge within 48 hours and give a full response within 2 weeks.

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IsThatTrue · 30/01/2013 12:48

Thanks collaborate. Maybe I should give the soliciter 24hrs to respond before making a complaint? I'd rather not go through complaints if I don't have to. I don't have the energy tbh.

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MOSagain · 30/01/2013 17:24

I think 24 hours is a little unreasonable. I'd normally say 14 days, then refer to SRA

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IsThatTrue · 31/01/2013 07:12

Well before I got a letter written the solicitor finally called back saying she's waiting to hear from the purchasers solicitor before she can release the funds. But surely they should have requested the money before now if it was needed? So now I'm waiting on some other solicitor (who I can't even chase). I'm bored of all this tbh!

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Phantomquartz · 31/01/2013 13:37

Housing Associations are notoriously slow at publishing their accounts. While your solicitors should be updating you, it is likely they haven't got a response yet. I'd check with the housing association but also ask to speak to your solicitors supervisor about not being updated.

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IsThatTrue · 31/01/2013 14:49

Thanks for the advice phantom

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