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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there a form I need to report a solicitor to the law society

Resolved Question:

Is there a form I need to report a solicitor to the law society for failing to carry out their duties correctly, I have written to them twice but they have still not rectified their mistakes.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were they acting for you?
Clare
Customer: replied 1 year ago.

No we are managing agents the property concerned is a freehold house within an estate they did not comply with the transfer agreement in the following ways.

1. They failed to comply by not registering their client with the Residents Company.

2. They did not inform their client that there was a yearly service charge to pay.

3. Informed their clients to ignore any demands for service charge.

4. Did not respond to letters to them pointing out the requirements within the transfer agreement.

Customer: replied 1 year ago.

Hello Clare,

Any reply as yet

Steve

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay.
Unfortunately you cannot effectively report them since they were not acting for you - only their client can do that.
Your only option is to take action against their client to enforce the requirements
If you feel that you must report them then the process is described here
http://www.sra.org.uk/consumers/problems/report-solicitor.page
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi again Clare,

Thanks for your response. If this matter cannot be resolved through correspondence which seems unlikely then I know to recover the service charge owing I can take the person to small claims court. On the matter of ensuring that the transfer agreement is complied with do we seek an injunction to make them comply? also which court would deal with County, High etc. also what court forms would we need to use.

Many thanks

Steve

Expert:  Clare replied 1 year ago.
Hi
What is actually required to be done?
Clare
Customer: replied 1 year ago.

This is an extract from the transfer agreement:

2(2)(b) within twentyeight days of the date of every transfer grant of probate or administration transfer mortgage charge discharge order of the court or other event or document relating to land or any part thereof:-

(I) to give notice thereof in writing to the company (ii) in the case of a document to produce a certified copy of it to the company for registration with the notice.

Many thanks

Steve

Expert:  Clare replied 1 year ago.
HI
So it is simply a matter of giving notice - is that correct?
Clare
Customer: replied 1 year ago.

Give notice and pay a fee to the company on both parts

Steve

Expert:  Clare replied 1 year ago.
Hi
In that case applying for any form of enforcement will be excessive in terms of costs.
Instead write a simple letter to the freeholder pointing out that failure to file the requisite notices will lead to problems when he comes to sell the property
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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