Suing your solicitor?
Discussion
My ex sold our old house on Friday.
I had a charge on it and as there was a small amount of money I owed her I stated clearly that only once I had notification from the company holding the debt against me that the debt was written off, would I sign the charge document to allow the house sale.
Despite this not being forthcoming the solicitor signed the charge on my behalf without my permission and the sale went through. Although I am fairly sure the debt will be written off, my ex is highly untrustworthy and I am livid that my solicitors signed this without my permission.
What can I do/what recourse/compensation is there?
I had a charge on it and as there was a small amount of money I owed her I stated clearly that only once I had notification from the company holding the debt against me that the debt was written off, would I sign the charge document to allow the house sale.
Despite this not being forthcoming the solicitor signed the charge on my behalf without my permission and the sale went through. Although I am fairly sure the debt will be written off, my ex is highly untrustworthy and I am livid that my solicitors signed this without my permission.
What can I do/what recourse/compensation is there?
martinbiz said:
Have you actually spoken to your solicitors yet and asked them why?
They don't know as the person who did it retired and left it with a newbie! He is still a partner apparently. I did wonder why the s
t hadn't hit the fan on Friday regarding the house move as I hadn't signed anything. Now I know why?!I expressly stated that without a confirmation letter regarding the debt I wouldn't sign anything. My ex has made my life a misery for nearly 20 years and when it came to the final thing the solicitors just f
ked it up. Good thing I'm not at their front door right now
martinbiz said:
I would sit tight for now and see if everything goes through ok, no point in stressing over a problem that may not exist. If there’s an issue then there are routes to go down as said above
it probably will but the fact is that a lot of money of mine was authorised by someone with authority to do so. Someone I trusted.There are, I think, two separate things here:
(1) The solicitor doing something that they weren't authorised to do;
(2) this possibly causing you loss.
Absent the second you cant really sue the solicitor - they may have acted unprofessionally but that is a disciplinary matter for the SRA, not a matter for the courts. If, however, their negligence (assuming that is what it was) causes you to lose money then you can indeed sue them.
The first thing to do, however, is to complain. I'd probably start with the partner who acted for you but if you aren't happy with his response, the firm is required to have a complaints procedure. Depending on how big they are, if it isn't on their website, then just write to the senior partner.
Worth thinking about that you want out of it. If you don't lose any money then an apology and some money off the bill would seem appropriate?
(1) The solicitor doing something that they weren't authorised to do;
(2) this possibly causing you loss.
Absent the second you cant really sue the solicitor - they may have acted unprofessionally but that is a disciplinary matter for the SRA, not a matter for the courts. If, however, their negligence (assuming that is what it was) causes you to lose money then you can indeed sue them.
The first thing to do, however, is to complain. I'd probably start with the partner who acted for you but if you aren't happy with his response, the firm is required to have a complaints procedure. Depending on how big they are, if it isn't on their website, then just write to the senior partner.
Worth thinking about that you want out of it. If you don't lose any money then an apology and some money off the bill would seem appropriate?
As far as I know the first thing you must do is complain to the solicitors.
They will have a partner who is responsible for complaints and then have to follow their complaints procedure.
This may ( or may not ) resolve the issue. Should it not then you escalate.
You may also wish to ask them who tiger pi insurers are and to please confirm they have been informed of a possible claim.
They will have a partner who is responsible for complaints and then have to follow their complaints procedure.
This may ( or may not ) resolve the issue. Should it not then you escalate.
You may also wish to ask them who tiger pi insurers are and to please confirm they have been informed of a possible claim.
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