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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can I sue a third party Solicitor negligi

Customer Question

Can I sue a third party Solicitor for professional negligisim?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Please can you explain why you are still out of pocket after taking action against your own solicitor?
Customer: replied 2 years ago.

Hi Jenny,

I bought the house for 318k then send 100k on development works. It took three years to win my case against my solicitor so my expenses went right up to approx 600k.

My solicitor would not pay the 100k for the works done. So i tried to sue the council for 100k but they refuse to accept responsibility. I had made two applications to the council

Fist for a two storey rear extension which was approved

Second for digging out the whole basement are under the house which was big enough for atwo bed flat. Approved

Third application for division. Refused

Why the council did not tell me on the first application that the house was not registered to be used as a stand alone development.

Then the sellers solicitor sold us a house that did not exist ...

You see the issue?

Expert:  Jenny replied 2 years ago.
Hi yes I do, sadly a key element of a negligence claim is that the party owes you a duty of care.
If there is no duty of care then you cannot claim in professional negligence against them.
As they were not retained by you they did not owe you a duty of care and therefore cannot be held liable for your loss.
Your entire loss should really have been dealt with in your claim against your own solicitor. Were you represented in respect of the professional negigence claim? If so you may have a claim against that advisor for failing to advise you to claim your entire loss.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Hi Jenny

I need to return to work now as I drive a bus,

I can understand the duty of care but what I am trying to say I believe the seller and his solicitor have committed some sort of fraud.

They knew the house was not registered or at least must have known.

They surely must be held responsible for this.

I feel i am going mad and I was advised to accept the other offer at the time because we were in a desperate situation.

If the third party solicitor is not guilty is the seller himself at fault even though he says he did not know. He is an old italian man.

I will see your answer after work tonight.

Expert:  Jenny replied 2 years ago.
Ok but presumably your solicitor was guilty of negligence because he did not do the appropriate checks?
Customer: replied 2 years ago.

Hi Jenny

Please can you have a read of the claim letter attached

Just to make it more clear]

Healys was my acting Solicitor in getting compensation

Rmnj was my own convenyance Solicitor in the purchase of 126a New Park Road.

Streathers was the Sellers Solicitor

It shows in the letter that Streathers were asked by RMNJ on two occassions for registration papers but they were not sent intstaed streathers asks for the sale to complete one would ask why? Did they know there was an issue?

It seems I can not attach the letter directly, please let me know how I can send it,

Kind Regards

John

Expert:  Jenny replied 2 years ago.
Hi sorry that I didn't respond I have been offline over the weekend. I am also sending you a suggestion of how to get the letter to me.
Jenny and other Law Specialists are ready to help you
Expert:  Jenny replied 2 years ago.
please see contact details below
Customer: replied 2 years ago.

Hi Jenny,

Just checking to see if you got my last email to the gmail addressthat you sent to me.

Sent about two hours ago,

I know it will take time to read just checking if you received the letters?

Regards

John

Expert:  Jenny replied 2 years ago.
Hi I have emailed you. I will continue later today via email. Thanks
Customer: replied 2 years ago.

Hi Jenny

Have you managed to review the letter and to see if I can proceed against Streathers or the neighbour?

Regards

John

Expert:  Jenny replied 2 years ago.
Hi John, I have been called away on something urgent. I will look at this today and get back to you.
many thanks
Customer: replied 2 years ago.

Hi Jenny.

Have you managed to review the letter and to answer my question on email sent on 21st May.

Regards

John

Customer: replied 2 years ago.

Hi Jenny

I do not seem to have received an answer and now 6 days have passed, despite sending reminders for response. I understand you were away on something urgent but I did expect a further contact from the email you sent on 22nd.

please can you refund the money for reviewing the letter as this has not been done,

Regards

John

Customer: replied 2 years ago.

Hi Jenny/ taratil

As per email yesterday I have not recieved the answer to the letter review so therefore have asked to be refunded,

Can you reply to the question or refund the money that you requested,

Please confirm which of the above will be done,

Kind regards

John