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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are an LLP set up as a voluntary, non profit making, environment

Customer Question

We are an LLP set up as a voluntary, non profit making, environment within which we can represent the views of investors in a distressed project. Investors are members and we cannot and do not provide advice.

There is an aggressive solicitor involved in seeking redress for his clients from the project and as part of seeking a more amicable working relationship we reluctantly came to an agreement with him & his firm, which he wrote. The agreement is that we would be engaged by his firm to invite investors to pay into his client account in order to gain access to a Due Diligence and Trust process that relates to the ditressed investment. For this there was a fee of £240inc vat per property of which his firm was due to retain 40% and 60% passed weekly to us.

He has failed to maintain the agreement, providing access to the DD very late and not having paid us at all to date. We have accordingly written to him / his firm on two occasions, first to inform him of his defaults and to invite him to remedy them by way of a 100% no quibble refund to the 100 or so people who had paid into his Client Account on our joint behalf. The second occasion was to re-inforce our dissatisfaction and demand that he remedy the position in full by close of business yesterday. He has not done so and has been telling our Members that it is we who are at fault and that he has done everything he said he would do. Those statements are false.

Our Members have individually written to him to ask for the refund, to which he is baulking instead of simply exercising the ethical client care we requested in our 1st letter to him. he has been refusing them and also engaging in e-mail dialogue for non Administrative purposes, also contrary to the agreement.

What steps can we and the investors concerned now take to recover the funds in full and should we feel strongly enough seek additional remedy for the breaches of the agreement please ?

Regards
Bob
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You need to lodge a formal complaint with the solicitor or his firm if he is working in a firm and give him 8 weeks to respond.

If you are not satisfied with his response, you may then take the matter to the legal ombudsman for adjudication, see here how you may do so

http://www.legalombudsman.org.uk/consumer/

You may also file a lawsuit against the solicitor if you do not wish to go through the above procedures. If you are claiming money, you may do so online at www.moneyclaim.gov.uk

May I help further?


Customer: replied 3 years ago.

Thank-you JA.


 


Your answer covers the questions regarding ourselves - the LLP.


 


What options do our members, who have made payments to the solicitor's Client Account, have please ?


 


Rgds


 


Bob

Expert:  UKSolicitorJA replied 3 years ago.
They can complain to the Solicitors Regulation Authority, the regulator, who has the power to intervene


http://www.sra.org.uk/consumers/problems/report-solicitor.page

Hope this helps

Customer: replied 3 years ago.

Many thanks for your prompt replies JA


 


Is there any merit in the Small Claims Court or County Court procedures for either the LLP or our Members under the circumstances described please ?


 


Thanks


 


Bob

Expert:  UKSolicitorJA replied 3 years ago.
Yes, that is a viable option if the resolve is there to take this to court.

Please leave feedback as your queries have been answered.
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Customer: replied 3 years ago.

Many thanks for your help JA - have a good evening


 


Rgds


 


Bob


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Cheers Bob.