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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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After the death of my partner 2 years ago, my solicitor was

Customer Question

After the death of my partner 2 years ago, my solicitor was very helpful. Sorting through the paperwork for house deeds etc, he found an outstanding charge on my house. I could not think what this was for, but after enquiries I was told my partner and I had agreed to this charge 20 years ago(I think this was because we were unable to pay a bill at that time). I proposed to pay the charge, but my solicitor said as he knew the firm holding the charge he would see if I could pay it with no interest to be added.
A year later I am still having to initiate news of what is happening. Even the secretary says she will keep me informed or the solicitor will get back to me, but nothing happens. I then contacted the firm holding the charge and was told the interest would have to be paid, but he would talk to my solicitor about this. No information came to me, so again, I made enquiries. Then I got a letter on the Saturday to say my solicitor was retiring on the following Tuesday and I should contact a new name in the firm. I immediately emailed my solicitor who has not replied.
My questions are i) what do I do next
ii) should the firm holding the charge not have made contact previously, to remind of the charge, or ask for payment, not leave it for 20 years.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

How much is the charge for?
Customer: replied 4 years ago.

Thank you.


The charge was made in October 1992. The original sum was £2,771.90

Expert:  Stuart J replied 4 years ago.


There is no onus on the firm with
the charge to chase for payment or send reminders.

I assume that this was not as a
result of any judgement because of it was, interest may not accrue.



Assuming it was not as a result
of any judgement it is relatively easy to resolve.



The solicitor should write to
whoever has the charge simply asking for a redemption statement detailing how
much is required to repay.



This seems to have got tied up
with the retirement of the solicitor.



I would write to the senior
partner of the firm making a formal complaint because clearly, nothing has
happened with this for a year. I would give him seven days to reply and to be
does not reply, I would refer the matter to the Legal Complaints Service the
Solicitors Regulation Authority. They will make the solicitor reply.



Meanwhile, you can either
instruct other solicitors, write to the company yourself and tell them that
these solicitors are no longer acting for you and they should deal with you
directly or, wait for your existing solicitors to reply.

 





Does that answer
the question.? Can I assist any further?

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Customer: replied 4 years ago.

Many thanks for your prompt and helpful reply.As I am a pensioner and not being sure of how much I am going to have to pay out, I am sorry not to be able to give you a tip


Regards

Expert:  Stuart J replied 4 years ago.

That's fine. I hope you get it sorted.

I am glad to help. Post on this thread (no extra cost) if I can help further.