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Hi, thanks for your enquiry. Could you please let me have the wording of the Solicitors Undertaking to you? (Am I correct in thinking that they gave you the Undertaking?) Kind Regards Al
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. You were given a solicitors undertaking to pay the sum of £160,000 plus VAT - did the solicitor ever receive the £1.2million. If so then you potentially have a claim against the solicitor directly. I look forward to hearing from you. Kind regards AJ
Thank you. A solicitors undertake in this type of circumstance is like a professional bond. If they do not honour the undertaking or in fact they have openly lied to you this is a serious conduct issue. There are really two ways you can deal with this - (1) you can try and sue the solicitors and/or (2) make a professional complaint against them. Was the undertaking given to you directly or to another solicitor? Kind regards AJ
Hi, Thank you. Just to clarify did your solicitor say they had verified that the other solicitor was holding funds? Do you have this in writing from your solicitor?
Thank you. Do you think then the other party forged the letter from the solicitor? The bot***** *****ne is if the solicitor gave you an undertaking and lied to you, you can make a claim against the solicitors insurance. Are you in direct contact with the solicitors? Kind regards AJ
Thank you. My apologies for the delay, I am review your response now I will revert to you shortly. Kind regards AJ
Hi, Thank you.
To answer each question in turn:
a. If they provided you information that they knew to be false and you relied on this to your detriment, then you may well have a claim against, especially if you suffered loss as a result. This in itself is not sufficient to prove fraud though.
b. The undertaking was conditional upon them receiving the money, therefore if they lied to you about actually receiving, or were negligent in checking whether the money was there, this could be a breach of the undertaking;
c. Did the solicitors provide you with a copy of the escrow letter?
d. Proving you suffered a loss as a result of their actions is key to any claim - so this is certainly a first hurdle you need to over come.
So to establish your claim, has the solicitor confirmed in writing that i) never received the money and ii) that it did not see the escrow letter? Did you ever see the escrow letter?