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Ask Stuart J Your Own Question
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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hi i have a client who has had problems with a repossesion

Customer Question

hi
i have a client who has had problems with a repossesion ,her solicitor has been fobbing her off with excuses and now we are due to go to court on 7th August i cannot get hold of him in his office or by mobile or email .
What do we do the sra are totally useless and never answer the phone
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 thousand's 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, particularly evenings and weekends. 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.

Do you have a specific question?
Customer: replied 4 years ago.

yes i have a solicitor who has been supposedly dealing with a case for nearly 12 months but it has come to light recently that we have been fobbed off all this time and our court case is on 7th August .


so do we find another solicitor and inform the court to get the case delayed or another option .


 

Expert:  Stuart J replied 4 years ago.
You say "client".



What
is your interest in this? Why have you not written to the SRA?

What
excuses?



Why is
this only becoming a problem now, one week before the hearing?



Do you
want to know about the hearing and the repossession or how to deal with the
solicitors?



Why
hasn't the person simply got another solicitor?



Customer: replied 4 years ago.

What
is your interest in this? Why have you not written to the SRA? I am a friend of the client and we have been trying to phone the SRA but get no joy plus we only found out about this problem approx 8 days ago


What
excuses? he told us he has replied to other side and he has not . also in email he siad he has instructed a barrister and he has not.Also we have list of non reciept of mail and calls from opposing legal team.





Why is
this only becoming a problem now, one week before the hearing?


Found out approx 8 days ago.


Do you
want to know about the hearing and the repossession or how to deal with the
solicitors? just need to know if we are legally ok to instruct another solicitor and can we contact the court to get a delay .





Why
hasn't the person simply got another solicitor? we found out approx 8 days ago.

Expert:  Stuart J replied 4 years ago.




I still don't know
your interest because initially you said you had a client, but now you say you
are a friend of the client.

If you are a friend
of the client and whilst you can write letters for the client, this must be
dealt with by the client because you have no standing with the solicitor or the
SRA



I have always found
the SRA to be extremely efficient in the extreme although they would not
normally deal with something within eight days. Essential put everything in
writing because they will not usually consider a complaint over the telephone.



If the client needs
time to seek further representation, they have left it extremely late to apply
to court for an adjournment.



There is nothing to
stop them instructing another solicitor although it is extremely late in the
day for that solicitor to get the file and to appraise themselves of the
situation.



My suggestion would
be for the client (not you because you have no standing), in view of the
timescale, to ring the complaints partner at the firm of solicitors or to ring
the senior partner and tell them that this is a very serious complaint and that
if you do not get to speak to one of those partners today, the next telephone
call will be to the SRA because not only is there a complaint with regard to
service, there is also a potential indemnity claim.



Meanwhile, if the
client has no experience of court work, the client really needs to instruct
another solicitor. I don't know what the basis is for opposing the
repossession. I do not know whether the client owes money or any of the
circumstances so it is very difficult to expand my answer in that respect but
your question appears to be how to do with the solicitor rather than the
repossession.



Can I assist
further or answer any specific questions?