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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Agreed to purchase through an agent several units in a property

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Agreed to purchase through an agent several units in a property being developed as a senior living care home. £2000 per unit ie: £6000 was paid to a solicitor as a reservation deposit to be held in their client account until completion. Unfortunately the property was mismanaged and is now in Administration. It now appears that the solicitor released the reservation fees to the developer obviously prior to completion. Have tried to contact them direct but they tell me they cannot deal with me as I am not their client. I have documentation to back up this reservation fee.
Polly Heydon
Hello Polly my name is ***** ***** I will help you.
What has the Solicitor said about giving you those fees back him/herself?
Customer: replied 2 years ago.
The solicitors refuse to discuss with me as I am not their client. The acting solicitor in the purchase says it is not in his remit to chase this. Polly
So it wasnt your Solicitor? How did the deposits get released?
Customer: replied 2 years ago.
Released from holding solicitors acting for developers and documented to be held pending completion of the purchase in their client account. Polly
So not the solicitors you paid?
Customer: replied 2 years ago.
Not the solicitors acting for me in the purchase. The error in releasing the 6k reservation fee is on the part of the developers solicitors who should have retained until completion. Completion not happening as development in Administration. Polly
So your solicitor released it to their solicitor on instructions from you, but this was released in error from the developer solicitor?
Customer: replied 2 years ago.
I paid it direct to the developers solicitor on agreeing the deal with the selling agent.. Then I instructed my solicitors to do the conveyancing and complete the purchase. Polly
Customer: replied 2 years ago.
Sorry can't pick up your response. Can you send again. Polly
But you never instructed the developer Solicitors to pay it over?
Customer: replied 2 years ago.
No instructions given. The reservation fee to be held in their client account and paid on completion. Polly
Ok. Then the Solicitors are negligent. They should NOT have released it.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at:  or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Many thanks for your advise Alex. The answers are just as I thought. The Solicitors are refusing to deal with me so I will now take this matter further. Polly
Good luck Polly - we got there in the end, I just needed to be clear about what went on.
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