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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I'm looking for someone who can advise. Estate Agent has sub

Customer Question

Hello
JA: Hi. How can I help?
Customer: I'm looking for someone who can advise. Estate Agent has sub contracted its fees collection to a 3rd party and the 3rd party is harassing me for payment, even though my Solicitor is is holding the payment and supposed to pay them as per contract. The Solicitor that was referred to me by the estate agent.
JA: Where are you? It matters because laws vary by location.
Customer: Chesterfield, ENgland
JA: What steps have you taken so far?
Customer: Contacted solicitors numerous times, no response. Contacted 3rd party collection and asked them to advise on the steps they have take in relation.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thanks
Submitted: 15 days ago.
Category: Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What are the fee's for?

all relevant information please in order for me to advise - thanks

Customer: replied 15 days ago.
The sale of my property. The agent is Yopa who referred me to Beaumont Legal for Conveyancing. Contract is pay later and Solicitor is contracted to pay all fees. They have failed to do so and have also failed to produce a final invoice and statement. Yopa have outsourced fees collection to a company called Duologi, who are now harassing me, even though they state they know the fees should be paid by the Conveyancer.
Customer: replied 15 days ago.
Id like to know my legal position and advise on what to do.
Expert:  Stuart J replied 14 days ago.

Presumably you agree that the solicitor should pay the agent, the solicitor has the money, and you have told the solicitor to do so but for some reason the solicitor is not.

As you appreciate, under the terms of the contract between you and the agent the liability is yours.

However you have a substantial complaint to make to the solicitor and you need to now put that in writing to the firm’s Complaints Partner and ultimately to the Legal Ombudsman.

It is amazing that the agent referred you to the solicitor and the solicitor is now refusing to pay the agent!

Having said all this, if in the agreement between you and the agent it is stated that the solicitor will pay the fees and you have instructed the solicitor to pay and the solicitor will not, then the agent needs to chase the solicitor, not you.

Tell the collection agent not to write to you again otherwise you will be take them to court to get a court injunction to stop them writing to you again on the basis that they are now harassing you.  They should either issue court proceedings which you will defend, or leave you alone.

They are now in breach of section 40 of the Administration of Justice Act in respect of unlawful harassment of debtors.

Tell them that.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 14 days ago.
Thanks Stuart. Much Appreciated.
Expert:  Stuart J replied 14 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.