Hello, I am Law Denning and I am a practising solicitor in a HighStreet 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 questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Unless I have all the facts that I need, my answerwould not be accurate.
Have the solicitors raised limitation as an issue?
Is the title /sale now resolved?
What have original sols paid?
I need the full background details please. Thankyou.
You ask if my sols have raised limitation as an issue - Im sorry I do not understand the question the terminology at least has not been used. The title was resolved within approx 6 weeks but I had lost my buyer in that time and had to put it back on the market. The house was orig valued at £140,000 I accepted £125,000 and that was when the problem with the underlease was found- I had lost my buyers so readvertised and I eventually accepted an offer for £110,000. The original sols offered £1500 but I refused that and we have not had anything further. I gather they are ignoring all letters and telephone calls from my sols so I am advised that the next step is court.
The legal claim againstyour father's solicitors is in negligence.
The claim survivesfor the benefit of your father's estate after he dies.
You can bring a claimfor negligence against the negligence solicitor for six years from thenegligence or six years from the date when it became apparent under theLimitation Act subject to an overall limit, whenever it is found of 15 years.That is limitation and that is why I asked if the original solicitors haveraised limitation.
The next step wouldnormally be court but at this stage, I would not do that unless you have asolicitor dealing now on a no win no fee basis and you have a barrister'sopinion on the likely chance of success and you have insurance to cover thecosts in the event that you lose. Your solicitor should have explained this toyou.
At this stage in timeI would raise a complaint with the legal complaints partner of your fathersolicitor. Although you were not that firms client, your father was and as theexecutor of his estate you are his personal representative and you are entitledto bring that complaint.
I would give thesolicitors seven days to respond substantively to your complaint (not simply anacknowledgement, as they have had long enough in my opinion) failing which youwill refer the complaint to the Legal Complaints Service at the SolicitorsRegulation Authority. You do that in your capacity of personal representativeof the late Mr XYZ.
I will tell you nowthat the Legal Complaints Service do not deal with negligence issues. What theydeal with our Service Issues. I appreciate that because the service was belowstandard there is a negligence issue but they will only deal with the serviceelement. They will instruct the solicitors to deal with it in a timely mannerand they can instruct the solicitors to pay compensation.
So I would bring atwo pronged attack, solicitors and court, and a complaint to the LegalComplaints Service.
Does that answer the question?I am happy to answer specific points.
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