Professional negligence

[Saleen836]

As title, I know there is a time limit to pursue a negligence claim of 6 years but is there any specific time scale where you would expect a responce from the professional person you have contacted in the first instance with regards to issue?
In this case it's a solicitor

[Lurking Lawyer]

The firm should have a complaints policy, available on demand. This should set out the timescale within which you can routinely expect a response, and if the firm needs more time to investigate the claim they should be telling you and indicating when they expect to be able to respond substantively.

[Saleen836]

Lurking Lawyer said:

The firm should have a complaints policy, available on demand. This should set out the timescale within which you can routinely expect a response, and if the firm needs more time to investigate the claim they should be telling you and indicating when they expect to be able to respond substantively.

Thanks, in the first instance I have emailed the other party with my concerns and they have replied stating email received and they hope to respond shortly, this was approx 5-6 weeks ago and have not heard anything since.

[Lurking Lawyer]

If you have directed your issue to the person who was handling your matter, you may need to take it over their head and go to the Complaints Handling Partner/Director. It may not yet be being treated as a formal complaint.

The threat of doing so to the person you have been dealing with may also expedite a response from them....

[The Surveyor]

OP, have you tried writing to them via letter?

I know you have had an acknowledgement to your email, but if this was me and I had a genuine grievance I would be outlining the concerns in something more formal than an email. A recorded delivery letter has less chance of getting lost in their system, and more chance of being taken seriously IMHO.

[ElectricPics]

There's always the SRA - that might focus their attention. https://www.sra.org.uk

Even if you don't make a report there's plenty of information you might find useful.

[Saleen836]

Thanks all, I will send a further email to remind them and should I not receive a response from that I will go higher up the food chain

Edited by Saleen836 on Tuesday 12th December 16:54

[superlightr]

Saleen836 said:

As title, I know there is a time limit to pursue a negligence claim of 6 years but is there any specific time scale where you would expect a responce from the professional person you have contacted in the first instance with regards to issue?
In this case it's a solicitor

whats the gist of whats happened? what have they done that is naughty?

[Saleen836]

superlightr said:

Saleen836 said:

As title, I know there is a time limit to pursue a negligence claim of 6 years but is there any specific time scale where you would expect a responce from the professional person you have contacted in the first instance with regards to issue?
In this case it's a solicitor

whats the gist of whats happened? what have they done that is naughty?

I wont go into detail but it is to do with something they did not do.

[superlightr]

Saleen836 said:

superlightr said:

Saleen836 said:

As title, I know there is a time limit to pursue a negligence claim of 6 years but is there any specific time scale where you would expect a responce from the professional person you have contacted in the first instance with regards to issue?
In this case it's a solicitor

whats the gist of whats happened? what have they done that is naughty?

I wont go into detail but it is to do with something they did not do.

that's not even something !>? conveyancing? probate, go on give a clue... might even beable to give an insight.

Edited by superlightr on Wednesday 13th December 09:56

[hutchst]

If it's a solicitor you're talking about, and it's only been 5 or 6 weeks, you haven't even got close to 'shortly' yet.

[assadahmed]

As others have touched upon, have a look at the client care letter which was sent to you at the start of the matter which you instructed them to do. That will detail their complaints policy, who deals with complaints and timescales.

I would not contact the SRA at this stage unless the solicitors have provided you with no response at all.

A good source in the area of professional negligence claims can be found in the form of the pre-action protocol on professional negligence. This sets out timelimits and the procedure that should be followed before bringing a claim. It's good to refer to this in any communications with the solicitor so that they are aware that you are taking the matter seriously.

http://www.justice.gov.uk/courts/procedure-rules/c...

[Saleen836]

I sent an email on Tuesday to remind the solicitor to respond, today I received their reply which didn't address my concerns but merely stated what I asked them to do/ what they did (or should have done) and on what date. If I write to the other party's solicitor asking to confirm if something to do with the case was recieved will they or do they have to respond?

[Red Devil]

Saleen836 said:

If I write to the other party's solicitor asking to confirm if something to do with the case was recieved will they or do they have to respond?

Will they? It's possible, but unlikely for the reason below..
Have to? I very much doubt it. Why should they? You're not their client.

IANAL. BV72 or LL are the ones who can give you an authoritative answer.

[assadahmed]

You need to go through this with a professional asviaor so the circumstances can be fully appreciated and then clearer advice given.

I am a solicitor so feel free to email me further details if you need clearer advice.

[Saleen836]

assadahmed said:

You need to go through this with a professional asviaor so the circumstances can be fully appreciated and then clearer advice given.

I am a solicitor so feel free to email me further details if you need clearer advice.

Thanks that would be a great help, I will mail you later today