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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3759
Experience:  Solicitors 2 years plus PQE
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We recently purchased a house, and we along with the sellers

Customer Question

We recently purchased a house, and we along with the sellers used the same solicitors to try and speed up the process. After a long painful process, we eventually tried to exchangedand complete on the same day for an additional fee of £199 + VAT (as they did not give the mortgage lenders 5 days notice).
Unfortanately, the solicitors failed to exchange and complete on the same day. Our monies were released on the payment run from our mortgage lender at 14.30 hours direct to our solicitors. Our solicitors state that they arrived in their accounts at 15.46 but the accounts do not do transactions after 15.45. We had all booked days off, removal vans waiting and they refused to do the transactions and we had to complete on the following Monday.
I thought that payments are carried out by CHAPS which is an instant transaction so should have been in thier account at 2.30 - is this correct?
I have complained and received a report from them just stating that the accounts department did not do transactions after 15.45. I feel that they did not complete but kept our deposit money and mortgage payment totalling £125,000 for their own benefit.
What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Alex J. :

Hi, Thank you for your question and welcome. My name is AJ and I will assist you.

Alex J. :

In a transaction of this nature the buyer and seller really should not be represented by the same person. It represents a conflict of interest and they should have fully advised you of the potentially conflict and obtained informed written consent from you.

Alex J. :

The easiest way to deal with this is to:

Alex J. :

(1) Make a written complaint to the partner;

Alex J. :

(2) If their response is not satisfactory - make a complaint to the Legal Ombudsman.

Alex J. :
www.legalombudsman.org.uk/
Alex J. :

Are you suggesting that they kept your money an extra day to earn interest on it?

Alex J. :

As a result of their actions have your forfeited your deposit?

Alex J. :

Kind regards AJ

JACUSTOMER-gzj931gq- :

Hi Alex

JACUSTOMER-gzj931gq- :

We were represented by the company by different solicitors in different locations.

JACUSTOMER-gzj931gq- :

The solicitors opening hours are 9.00 am to 5.00 pm Monday to Friday. When they did the transaction on Monday morning from start to finish took 45 minutes to complete, so why could they not have done this on Friday - and yes, I am beginning to believe that they did not so they could get the interest.

JACUSTOMER-gzj931gq- :

Do I have grounds to take the complaint further.

JACUSTOMER-gzj931gq- :

Also they did a bankrupcy check on the same day - They said they were pre completion searches. should this not have been completed before the last day of completion.

Alex J. :

Hi, Thank you. You should definitely take the complaint further -

Alex J. :

They have an obligation to protect the integrity of the profession and avoid conflicts of interest.

Alex J. :

They also have an obligation to follow your instructions and provide their service with case and skill.

Alex J. :

If they have not done this and have suffered loss then I would make a complaint to them and then the legal Ombudsman.