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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, My partner has been paid into a solicitors acct £105K

Customer Question

Hi,

My partner has been paid into a solicitors acct £105K that was owed to him for work he did whilst in South Africa.
He hasnt got a UK bank acct at the moment. He has full ID and proof he resides with me and usually uses my bank account until he gets his business up and running as doesnt earn any wages. The solicitor wont pay the funds to my account. They have written him a cheque which he cant bank!
Is he allowed to demand cash from them? It has been days of arguing now and the partner is in US so not getting anywhere.
Please help.

Thank you

Paula
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Is there any reason why he can not just set up a UK bank account please?

JACUSTOMER-45hjn2jz- :

No not really.

Alex Watts :

May I ask why?

JACUSTOMER-45hjn2jz- :

He was waiting until his business was up and running and our solicitors made out everything was fine to pay into my account. They asked him for every piece of ID possible and ID from me although they are my commercial solicitors toos. They said everything was ok then the received the funds and then delayed for coupdl of days asking for more ID and thenthey said their compliance department couldnt pay into another account! They have had the money in their acct now for a week. We need the money by Wednesday this week for a purchase to go through. Its a bit late to open an acct now for wednesday. What can he do? There is also an agreement that he signed compiled by the party paying him the money owed so everything has been above board. Please assist.

JACUSTOMER-45hjn2jz- :

Thank you

Alex Watts :

If you have been through the money laundering ID process then these is NO REASON why they can not pay it into your account.

Alex Watts :

The Solicitors rules relating to this are are: http://www.sra.org.uk/solicitors/handbook/accountsrules/part4/content.page

Alex Watts :

In particular rule 15.1 states:

Alex Watts :

Client money may be:

Alex Watts :

held by you outside a client account by, for example, retaining it in the firm's safe in the form of cash, or placing it in an account in the firm's name which is not a client account, such as an account outside England and Wales; or

Alex Watts :

paid into an account at a bank, building society or other financial institution opened in the name of the client or of a person designated by the client;

Alex Watts :

but only if the client instructs you to that effect for the client's own convenience, and only if the instructions are given in writing, or are given by other means and confirmed by you to the client in writing.

Alex Watts :

If they refuse you can raise a complaint with the Solicitors firm, there will be a partner that deals with complaints on behalf of the firm and you should ask about this process.

Alex Watts :

A partner will investigate and if the matter is not resolved you can then complain to the Regulator, which is the Solicitors Regulatory Authority.

Alex Watts :

They are located at: www.sra.org.uk or 0121 329 6800

Alex Watts :

I can only suspect compliance is unwilling because of money laundering regulations.

Alex Watts :

However if the firm has promised you this before and you have provided with your idenitifcation then they have no reason not to allow the transfer as the Solicitor rules allow it.

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  Ash replied 3 years ago.
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

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