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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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in 2005 I employed a solicitor to re-mortgage my house to raise

Resolved Question:

in 2005 I employed a solicitor to re-mortgage my house to raise funds for a claim they were conducting for me for which I deposited £25,000 with them. In 2009 I discovered by accident a memo from the solicitor handling my claim to another of his partners where he stated that when he took on my claim I already had a debt to the practice for previous fees of £9,000, and stated that he had "ensured it was paid". He later told a District judge that the funds were taken from the £25,000 for billed costs. Despite the practice providing all accounts I had with them, and in which no £9,000 outstanding debt was shown, they have not given the money back, or provided copies of any bills or accounts showing this debt.

My wife and I are desperate for money, I am seriously ill, and we cannot afford to sue them to get it back. need it back. I have tried asking them but they just stonewall me.

What can we do?
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones :

Hello - my name is XXXXX XXXXX it will be my pleasure to assist you today.

leanne-jones :

When you said he told the District Judge - do you mean it went to Court?

Customer:

No, it was discovered in disclosure in a different case and I asked for clarification during the hearing.

Customer:

Just to let you know that we only discovered it in 2009.

Customer:

We have approached the Legal Ombudsman, but they say that despite the fact that since late 2009 I have been seriously ill with prostate cancer and had a nervous breakdown, I am out of date.

leanne-jones :

But it happened in 2005 - right?

Customer:

Yes, but they hid it from us. It was only discovered in 2009. The firm said that the document disclosing it was released by mistake.

leanne-jones :

Yes. You are time barred.

leanne-jones :

You have 6 years from the date of incident so 2005, as such you are out in time.

leanne-jones :

Even if you sued for negligence then it could be 3 years from date of discovery, which even then would be 2009

leanne-jones :

I am sorry

leanne-jones :

I know this is not the answer you want, but I have a duty to give honest advice

Customer:

Is it 6 years from the incident or 6 years from the knowledge of the incident?

leanne-jones :

6 years from incident not knowlegde

leanne-jones :

knowledge

leanne-jones :

I am sorry

leanne-jones :

Does this answer your question?

Customer:

Thanks.

leanne-jones :

I am sorry as I understand this is frustrating

leanne-jones :

Please remember to give me a great rating - remember its not whether or not its the answer you wanted, but the service I gave

leanne-jones and other Law Specialists are ready to help you
Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne