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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My solicitor who was dealing with my divorce and family matters

Resolved Question:

My solicitor who was dealing with my divorce and family matters moved around a lot and has now joined another firm and says she doesn't have my file and her previous company say they don't gave it either. I am really upset because I need to file for residence order and my ex still has a charge on the property and hasn't paid maintenance for 7 years and I want to get his name of my house. What can i do
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the file last dealt with?
Clare
Customer: replied 2 years ago.
August 2012
Expert:  Clare replied 2 years ago.
Hi
When did your solicitor leave that firm?
What information is needed from the file?
Clare
Customer: replied 2 years ago.
She left sometime last year. As mentioned in my previous message I need to sort out my property as he has a charge on my property and never paid maintenance and need to get his name taken off and all data is in that file
Expert:  Clare replied 2 years ago.
Hi
Has she taken your file from firm to firm in the past?
Clare
Customer: replied 2 years ago.
Yes and I have always had a letter asking if I wanted them to take it and this time I never knew I found out by chance
Expert:  Clare replied 2 years ago.
Hi
When she moved before was the file still open - or had matters been completed and re-opened in the past as well?
Clare
Customer: replied 2 years ago.
It wasn't closed as far as I know I was still ringing her and she was never responding. She done a letter for me in feb 14 for my sons visa as I needed it to prove he was residing with me which she dine free of charge. I have been dealing with her on and off for last six plus years
Expert:  Clare replied 2 years ago.
Hi
Who did you pay the last bill to?
Clare
Customer: replied 2 years ago.
To her
Expert:  Clare replied 2 years ago.
Hi
Sorry - at which firm?
Clare
Customer: replied 2 years ago.
Re orient legal when I first done my case she was at cattermole solicitors and then she moved to had field and then reorient legal. My file always followed her and she knew that I would want her to keep my file with her. It will cost me more money now to try and reconstruct my file and I need to find it before it is destroyed. It's not been archived either
Expert:  Clare replied 2 years ago.
Hi
When you contacted her in February this year what did she say about your file?
Clare
Customer: replied 2 years ago.
Her secretary said they don't have it and that it was left at reorient legal. I then contacted them at head office as the firm is no longer at that address. They have tried to trace it and can't find it and have said they were never given any files. Where has it gone ?
Expert:  Clare replied 2 years ago.
Hi
Do you have a letter with the REOrient letterhead on?
Clare
Customer: replied 2 years ago.
As far as I can remember it was always on the phone via her secretary or seeing her at the premises in person
Expert:  Clare replied 2 years ago.
Hi
Have you checked with the firm before that one?
Clare
Customer: replied 2 years ago.
When the solicitor moved from her last practice to reorient legal she asked me if I wanted her to take my file with her and I said yes. But her move from reorient legal to the new practice she never informed me I just found out by chance.
Expert:  Clare replied 2 years ago.
HI
I understand that - but have you actually checked that it is NOT still with the previous firm?
Clare
Customer: replied 2 years ago.
Yes I have checked with both and have email to confirm that reorient don't have my file and neither do my solicitors not even archived
Expert:  Clare replied 2 years ago.
Hi
I was actually wondering about Hadfields - I know you authorised the release of the file from them - but have you checked that it happened?
In fact it would be useful to have confirmation from them that they DID transfer the file in any event
Clare
Customer: replied 2 years ago.
I called them on Friday after your message and they will call me back. Failing that they don't have it can you please advise what I should do as my divorce and family matters cost me a lot of money and I can't afford to pay now to duplicate my file. Thank you Clare
Expert:  Clare replied 2 years ago.
Hi
There way forward depends on what you hear from Hadfields.
If they have no evidence that the file left them then it is their responsibility.
If they have evidence of its transfer to ReOreint legal then it is theirs - and since they appear to have no trace of anything then that is where it ends
On the plus side in fact t is unlikely that there is anything on the file that you need which cannot be obtained elsewhere
The Land Registry will have a copy of the Charge and all those details and the court order can be obtained form the court.
The extra costs involved in obtaining these should be claimed from the company who last had the file!
Once you have the confirmation then you write a formal letter to the relevant firm detailing the evidence you have that the file was with them and notifying them that you hold them responsible for the extra costs involved.
They may offer to deal with the matter for you - in which case the decision is yours as to whether you accept that or not
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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