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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33378
Experience:  Barrister at Self Employed Barrister
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Madam Back in 2008, I married a Taiwanese national

Customer Question

Dear Sir/Madam
Back in 2008, I married a Taiwanese national named Sherry Chen in Taiwan (and registered our marriage there). Sherry entered the UK under 2 years spouse visa sponsored by me, and she then moved in to my flat in Bournemouth. However, the marriage did not go well and just little under 2 years later she decided to proposed to divorce and return to Taiwan without applying for her ILR. I flew to Taiwan in April 2011 and completed the divorced procedure and signed the decreed without court hearing as It was all done and recognised by local house hold register office (council) we went on our separate ways.
Early this year, I put my flat up for sale and accepted a very good offer. Only to find out that the flat had been in registered by her under the home right notice. But instead of Sherry Chen, the Home Right had another name called Holy Chen registered by Gale Solicitor in Bournemouth. I then contacted my ex wife for more clarification and she admitted that she did request Gales to register home right on her behalf but denied that she used a different name. She also agreed to release the Home Right notice by signing the HR4 form.
Since my ex-wife sent the HR4 form to Gale Solicitor requesting to release the Home Right on the 13 of August, the progress has been extremely slow. I suspect that because the name that was registered under the home right was incorrect, and it does not match my divorce decreed and my marriage certificate, therefore the land registry is unable to accept the application.
My question is, shouldn't this be the solicitor's due diligence to check the client's ID, if they were to register someone's name under the Home Right Notice?
Is Gale liable for the legal bill that is now piling up due to the delay or if the sales eventually collapses?
Do I have a case to sue them for damage and will there be some kind of retention fee involved for a solicitor to take my case?
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
The difficulty that you have is that their client is not you but is your ex wife. If they have been negligent as you suggest then the claim is to be brought by her. That said they have clearly on your position made an error with the name and with this name there was no ground to register the caution - so there could potentially be a complaint there. If so I would be minded to contact the Legal Ombudsman with a compliant. Happy to discuss - please rate positive.
Expert:  ivorylounge replied 2 years ago.
Happy to discuss but please rate positive