Conveyancing - incompetent solicitor

Conveyancing - incompetent solicitor

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kiethton

Original Poster:

13,895 posts

180 months

Tuesday 24th November 2015
quotequote all
My solicitor now seems to be playing ball, after the strongly worded e-mail sent a page or 2 back.

Seems like i'm just waiting on searches, however.....I've been told that my purchasers have had their searches etc. done but are yet to give their solicitor a mortgage offer.....

How this wasn't picked up by any of them sooner I really don't know!

I've given our resident mortgage brokers contact details to my solicitor for forwarding - he works quickly that one! - so lets hope they finally pull their finger out!

As its shared ownership the HA that sold the stake have also been told to warn them that if an offer isn't lodged by the end of the week, we will return to one of the (many) keen under-bidders...

surveyor

17,822 posts

184 months

Tuesday 24th November 2015
quotequote all
What is it about solicitors and searches.

One of my clients used a firm with a chap who was promised to be quick and on the ball. Every time we tried to complete a lease (after our deadline) he'd turnaround and say he'd just sent off for searches and was waiting for their return.


blueg33

35,894 posts

224 months

Tuesday 24th November 2015
quotequote all
surveyor said:
What is it about solicitors and searches.

One of my clients used a firm with a chap who was promised to be quick and on the ball. Every time we tried to complete a lease (after our deadline) he'd turnaround and say he'd just sent off for searches and was waiting for their return.
A way to blame a n other.


surveyor

17,822 posts

184 months

Tuesday 24th November 2015
quotequote all
blueg33 said:
surveyor said:
What is it about solicitors and searches.

One of my clients used a firm with a chap who was promised to be quick and on the ball. Every time we tried to complete a lease (after our deadline) he'd turnaround and say he'd just sent off for searches and was waiting for their return.
A way to blame a n other.
If that was what he was doing it did not work out well for him.

xxChrisxx

538 posts

121 months

Wednesday 25th November 2015
quotequote all
Red Devil said:
What has knowledge of the firm's location got to do with it? We're looking for a name.
The OP has provided all the clues anyone needs to come up with the correct answer.
I think, or rather hope, he was trying to perpetuating the joke.

Red Devil said:
I showed the puzzle to my sister's grandson. It took him less than thirty seconds to solve it.

He's 10. wink
A GCHQ recruitment officer will be along shortly.




Edited by xxChrisxx on Wednesday 25th November 08:23

blueg33

35,894 posts

224 months

Wednesday 25th November 2015
quotequote all
surveyor said:
blueg33 said:
surveyor said:
What is it about solicitors and searches.

One of my clients used a firm with a chap who was promised to be quick and on the ball. Every time we tried to complete a lease (after our deadline) he'd turnaround and say he'd just sent off for searches and was waiting for their return.
A way to blame a n other.
If that was what he was doing it did not work out well for him.
They do it all the time. I had a job recently where I instructed one solicitor to buy a property, as it happens the property was owned by another company of which I am a Director. The other company instructed a different solicitor. The deal took longer than they should with one solicitor blaming the other and their client (me). They were told about the facts of life as I see them and no longer work for me.

kiethton

Original Poster:

13,895 posts

180 months

Wednesday 25th November 2015
quotequote all
Seems like my solicitor is now engaged...

I've found the purchasers contact details and have left a message for them to get back to me (on my solicitors advice)

Rude-boy

22,227 posts

233 months

Wednesday 25th November 2015
quotequote all
blueg33 said:
They do it all the time. I had a job recently where I instructed one solicitor to buy a property, as it happens the property was owned by another company of which I am a Director. The other company instructed a different solicitor. The deal took longer than they should with one solicitor blaming the other and their client (me). They were told about the facts of life as I see them and no longer work for me.
Rule one for a long and successful careerer - never say or do anything that you are not happy to stand by and defend when and if it comes back at you. Had similar many times. Most recently one who made lots of noise to their client, got back to me via my client. With client authority full rundown of file and correspondence to date passed to agent, broker, and via my client to the other party.

The other firm no longer acts for their old Client and last weekend I received instructions on a totally new and unrelated matter from guess who....

kiethton

Original Poster:

13,895 posts

180 months

Monday 21st December 2015
quotequote all
So, typing through the red mist...

After finally sussing the cause of the delay and camping out at my solicitors office to push things we were due to exchange today. Calls to the solicitor were answered:

10am - all on, purchaser (yes the one that didn't know you needed to apply for a mortgage) is ready with mortgage in place
11am - all on but solicitor to speak with client and confirm
12pm - no update and no replies to calls

I then contact the purchaser who tells me that he's failed the fking mortgage affordability! I'd given him Sarnie's details to avoid this clusterfk/tell him sooner but he didn't use him, insisting instead on the HA's recommendation/"partner" (kickback).

Thing is the Housing association had previously financially proofed him for affordability and selected him as the preferred purchaser (I wanted the fking cash buyer at the same price but had no option!). So I'm now accruing £1,100pm in costs, am out of the country for the next month and seemingly at a dead end, the place was "sold" in July/August!!!!

I can't really delay it as I don;t want to loose the place we're moving into! I've just literally told the HA that they're to step in and complete the purchase, selling on at their leisure to whomever they want, or that they're responsible for the costs i'm accruing due to their negligence.

They insisted on the purchaser despite the being others more suitable, they likely didn't do a fking thing...even if they don't play ball the bank will repay my DD's under the charge-back scheme, they can chase me for it!

What would PH do from here?

Yours, a pissed off kiethton!


kiethton

Original Poster:

13,895 posts

180 months

Saturday 5th March 2016
quotequote all
And this is still dragging through...my solicitor is actually ok now thankfully

Buyer from the above turned out to be a dreamer incapable of getting a mortgage, but selected without my input and negligently by the housing association. They then re-marketed and got another buyer who was also non-mortgageable! Complete incompetence...

By this time (early February) I'd had enough and sold the place on the open market within the day...

All going swimmingly, ready to complete on Monday (was meant to be yesterday) but now it turns out that they are refusing to get their house in order to allow me to complete! They're now stating that they didn't know what was happening when i have multiple emails showing otherwise, meaning my paperwork (required for their bureaucratic means - district valuer valuation) is now a few days expired, the price won't change in any event.

I've been out since last December with my stuff in storage, at significant cost! Plus still paying the mortgage costs, rent and council tax etc.

It's been suggested that I get a solicitors letter drawn up, threatening to claim costs owing from their inadequacy/incompetence or forcing them to actually do their job...

Will my solicitor do this or is it something that has to be done elsewhere (I will be suing them afterwards for additional costs incurred in any event)

daytona355

825 posts

199 months

Saturday 5th March 2016
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Crikey mate, just seen this lot, what a cock up! HAs are a pain in the arris, and over the last 25 years, solicitors have gone from being 'on a different level to us mortals' to some becoming downright morons. I can't offer any help at this late stage, but just to say I've had clients similarly mucked about, required extensions and even replacement mortgage offers for them along the way, just stick it out and get it done, then unleash any hell you are able. Even if you don't get money back, take the satisfaction of making them sweat and spend a bit on defending themselves. I have one case on my desk that started in June last year, and tentatively finally looking like completing in April! Poor client is totally wrecked by the aggro, solicitors have ADMITTED fault, having had someone who eventually left messing it up through to December, but guess what, the senior partner now involved is almost as useless as the guy that left

daytona355

825 posts

199 months

Saturday 5th March 2016
quotequote all
Estate agents are just as bad these days, I had to spend 15 minutes the other day explaining to one what a leasehold was, as when I phoned to confirm the length remaining on the leasehold for a flat a client is buying for the mortgage company, the agent told me it was an assured short hold tenancy. But not to worry, the tenant has been given notice! When I explained that wasn't the same thing, he told me he thought everything was freehold, and had never heard of leasehold?, but claimed to have been in business for years? Dear oh lord, what a prat.

Another was arguing with a client over the fees she agreed to, despite her holding a letter confirming the fee she was to pay. When challenged, he then produced the form he claims she signed to confirm the fees - a blank form that had her signature at the bottom, complete with date..... When challenged as to what she had signed for, I kid you not, his answer was she told him to write in the (higher) figure, and he'd forgotten! The guy was attempting to double the fee agreed, £1000 incl vat, to 1.5% plus vat.

The firm accepted the original agreement and £1000, but believe it or not, the guy still works for them despite the inferrment that he may just have been trying to deceive the client. Unreal!

kiethton

Original Poster:

13,895 posts

180 months

Saturday 5th March 2016
quotequote all
Yep, this process started in July...

Thankfully the vendors of where we are moving to are happy waiting on us

I just need to do something to give them (housing association) a kick up the backside to make it actually go through this week, everything else is in place!

anonymous-user

54 months

Saturday 5th March 2016
quotequote all
I'm stressed just reading this thread - what a nightmare.

Good luck with the sale OP.

kiethton

Original Poster:

13,895 posts

180 months

Saturday 5th March 2016
quotequote all
Thanks, it's just the housing association that are holding things up now:

Denying they knew what is happening although they wrote an email last month when they re-wrote word for word what is happening.
With the faf that they've created the district valuer's valuation is now out of date (despite being renewed twice at £100's each time) - it's expired by a few days so you need a new one which will then mess up the cost it's sold for and paperwork that's ready to go etc. - look at the markets, they're flat/beginning to turn! (I'm London and analyse property markets for a living!)

Parents have suggested a solicitors letter to them cc'ing the CEO basically saying if they continue to delay the process we hold them liable for all costs incurred to push it through (I'll be claiming costs associated with their incompetence to date post-sale regardless). They seem to be answerable to nobody and have pointless bureaucratic processes to follow that can't be deviated from regardless of sanity/uselessness.

What's most frustrating is I used to do bad debt work-out for a once mighty Irish bank post-crash, we could turn a sale around in only a few days including appointing receivers if necessary! How a basic sale can take 6 months and counting in legals is beyond me

kiethton

Original Poster:

13,895 posts

180 months

Thursday 17th March 2016
quotequote all
And still this drags on...

My solicitor is very much the problem, I've had everybody chasing me as she's refusing (again) to speak to me or others despite repeated calls.

We were due to exchange 2 weeks ago, then last week and now it's tomorrow. The third party have told me of a very minor conveyance issue that she's just not going back to people on!

I need to be in the new place by Thursday, it's now looking less and less likely! (Not being would take 4 days of renovations, pushing back our move-in by 2+ weeks and costing me £700+ in mortgage and costs!)

Head bang wall!! I just don't know what to do anymore!

Decided that I'm going to pitch myself up at her office tomorrow morning and not leave until we're exchanged or due to be that day.

elanfan

5,520 posts

227 months

Thursday 17th March 2016
quotequote all
Whilst you're there speak to the senior partner and mention complaints to Law Society (or has that bit now changed) and dare them to send you a bill!

kiethton

Original Poster:

13,895 posts

180 months

Thursday 17th March 2016
quotequote all
She is the senior partner frown

Over this (7 month) process (although first 4 were not entirely her fault but could have been shortened) her firm has been struck off my mortgage companies approved list for poor service, the building is in dis-repair, looks like she's just running it into the ground ahead of retirement tbh

griffter

3,983 posts

255 months

Friday 18th March 2016
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I've only skimmed this so apologies if it's not relevant, but in a situation where my solicitor went silent (nothing like as bad or drawn out as your situation however) I phoned my estate agent and asked what to do.

He was brilliant and this is where he earned his commission. He picked up the phone and didn't put it down until he'd unblocked things. He explained that was his job, and pointed out that if the sale falls through he doesn't get paid.

Good luck.

surveyor

17,822 posts

184 months

Friday 18th March 2016
quotequote all
kiethton said:
And still this drags on...

My solicitor is very much the problem, I've had everybody chasing me as she's refusing (again) to speak to me or others despite repeated calls.

We were due to exchange 2 weeks ago, then last week and now it's tomorrow. The third party have told me of a very minor conveyance issue that she's just not going back to people on!

I need to be in the new place by Thursday, it's now looking less and less likely! (Not being would take 4 days of renovations, pushing back our move-in by 2+ weeks and costing me £700+ in mortgage and costs!)

Head bang wall!! I just don't know what to do anymore!

Decided that I'm going to pitch myself up at her office tomorrow morning and not leave until we're exchanged or due to be that day.
For the sake of completeness - We Told you So!

Formal email, advising that her refusal to communicate is holding matters up, with a financial consequence. Put her on formal warning that you will seek to recover any losses from the firm. Ask for a copy of the firms Complaints Handling Procedure also.