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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5576
Experience:  Solicitor
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Three years ago we contracted a solicitor to conduct a lease

Resolved Question:

Three years ago we contracted a solicitor to conduct a lease extension for us because they had previous experience of other flats in the block. After serving the section 42 notice the solicitor did not file it at Land Registry and the freehold was subsequently sold, the solicitor still continued negotiations with the new freeholder but when the contract was drawn up and ready to sign, the new freeholder's solicitor said that because the notice had not been filed they had no responsibility to continue and the year long case collapsed. After a further two years and at a extremely higher premium, we have just completed the lease extension with a new solicitor (the original solicitor said they could no longer act for us as there was a conflict of interest).
I would like to go through the process of pre-action for professional negligence for recompense and approach the original solicitor myself and not use a solicitor, in the hope that we can settle before going to court, at which stage I would use a solicitor etc. My question is-
a) Is it advisable to do so without a solicitor- I have been told by LEASE that the notice should have been filed by my solicitor and I also have access to an expert opinion to support my case.
b) Can I claim for all cost above what I had been expected to pay originally, ie the second solicitors costs were 3 times higher than the first, we had to also pay for a second survey and additional negotiation costs.
c) If I did use a solicitor for pre-action, could I claim for this.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How much do you want to claim please?

Customer: replied 1 year ago.
The solicitor was conducting two lease extensions for me. £30,000 is the figure that I would like to claim for. This is the additional amount to the original figure.
Expert:  Jamie-Law replied 1 year ago.

a) Yes you can issue a pre action letter without a Solicitor, this does not cost you anything

b) Yes you can claim for costs that and above which you were expected to pay. Any direct losses are to be recovered and as long as you can quantify them, these can be claimed

c) Yes, if they paid out.

I would send a pre-action letter and suggest mediation as 90% of mediations do settle

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you very much, Jamie.
Can I just clarify my point about approaching the pre-action myself. What I wanted to know was although I know I can do it without a solicitor, I really wanted to know whether it was advisable. Would I have the same chance of success by doing it myself.Thank you.
Expert:  Jamie-Law replied 1 year ago.

Correct. Its fine representing yourself.

Does that clarify?

Customer: replied 1 year ago.
Thanks, that's great.
Expert:  Jamie-Law replied 1 year ago.

If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

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