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Hello, welcome to the website. My name isXXXXX can assist you with this.
If there is a conflict of interest, then yes, a the solicitor can terminate his retainer with you. It sounds like this has been done in your case, and accordingly, he can request you to sign a notice of change. If you do not do this, then he can apply to the court for a declaration that he is no longer acting. If he has to apply to court, then the court might award him his costs of applying if it considers your refusal to sign the notice of change of solicitor to be unreasonable.
If the Solicitor is no longer acting because of the conflict of interest; where do I stand legally due to a failed Tomlin Order that we agreed to (but we were never told the type or name of order) by Solicitor acting? We agreed the Tomlin Order on 28-03-13 so 6 months would expire on 28-09-13. Yet the Solicitor stated in December 2013 that the court didn't stamp it until May 2013 some 2 months later. We were not informed of this by the acting Solicitor. My problem is the Solicitor failed to act within the timing of the Tomlin order which was 6 months. Also the Claimant breached the terms by not removing a Caution on the property I was to sell. As a result the Tomlin Order dates have now expired completely. I would like to stay unrepresented, but would like to know if it is legal to write to the court myself. Is this allowed? If so how would I go about this without applications for costs being made against me as we followed the terms but the Claimant did not.
I have done everything I possibly can as Executor. I am owed thousands of pounds by the estate as I have been paying the bills since July 2012. I'm totally unrecognized and overlooked in all this. I've even had to change the term on my mortgage because of it from 8 years to 14 years.
It is the Claimant and the Solicitor who have caused me all the problems.
At present I'm tied to Solicitors fees of £8445 for something that didn't occur and they made a hash of. They are denying negligence but have admitted poor correspondence. For this they only offered reduction of £1650. Hence the Legal Omudsman. Even if I get negligence solicitor for no win no fee, I still have to deal with the Tomlin Order. The case is a complete nightmare! I think the lesson I have learnt from this is never agree to a Tomlin Order. There is nothing in the order to protect us if failure occurs. There is no default clause if Claimant fails on his part.
The only default was to sell the house on the open market after the 6 months expired. But I can't do that because the Claimant placed a Caution on the property so I can't sell to anyone. The only way forward is to go back to court and this will be expensive. Claimant v. difficult.
if you were in my shoes what would you do?
What would you do in regard to the Tomlin Order taking effect?
How would you deal with the Claimant once and for all?
The Claimants Solicitor has no intention of ever solving the matter, it's useless trying to negotiate anything.
In order to act won't a solicitor need my file from the last solicitor? I can't see them releasing this unless they are paid their fees first or receive assurance from a new solicitor.
The only proof I have here are my email correspondences.
So are you advising I just need a negligence solicitor to deal with everything in this case on a no win no fee basis not just a solicitor?