3 years ago | 4 comments
Hello, solicitors forgot to add the statement of truth to my witness statement for a possession claim. This has led to a 10 week delay in gaining possession. Can I litigate the firm due to their negligence and duress under the circumstances?
I couldn’t move to another firm due to the extra costs of transferring £2k to review the case and the short time to prepare for the trial
They’ve apologised but not compensating. Shall I litigate? The Legal Ombudsman is not interested in the matter.
Thanks,
Parmeader
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Member Since January 2015 - Comments: 1431 - Articles: 1
10:03 AM, 19th July 2023, About 3 years ago
You need to exhaust the complaints procedure before the Ombudsman will consider taking it on.
Solicitor firm complaints via practice manager or senior partner
Then SRA
Then Ombudsman
Have you got legal cover either on the rental property or own home insurance? If so contact them.
An apology is the first admission of negligence. Hope you got that in writing
Member Since July 2023 - Comments: 95
10:20 AM, 19th July 2023, About 3 years ago
Reply to the comment left by Judith Wordsworth at 19/07/2023 – 10:03
I’ve done the internal complaint and have the apology in writing
SRA and LeO awaiting response may take upto 12 weeks.
Thanks
Member Since February 2023 - Comments: 8
11:56 PM, 19th July 2023, About 3 years ago
A direct consequence of failing to add the statement of truth to your witness statement would appear to be a delay of at least 10 weeks in obtaining possession of your Property: possibly, a longer delay.
In the event you lose a further ten weeks rent as a result of this error, it would appear that you have a claim against your solicitors for your losses.
In the first instance, you should speak with the solicitor who has conduct of your file. In the event you do not receive a satisfactory response, you will have to make a formal complaint to the partner who handles complaints.
Member Since July 2023 - Comments: 95
12:05 AM, 20th July 2023, About 3 years ago
Reply to the comment left by Mike Thomas at 19/07/2023 – 23:56
We’ve done that they have apologised in writing but have not compensated for the consequential loss of c6k ie lost rent and more legal fees they’ve had the cheek to charge when they’ve admitted their fault.
I couldn’t go to another firm due to the short timeframe and costs of over 2k to review the file with no promise that the new firm would take the case on due to be heardling on the 1st Aug
Due to duress of circumstances I’ve had to carry on with the firm at fault
I’ve raised this with the LEO but don’t hold my breath