Solicitor forgot to add statement of truth in court submission?

Solicitor forgot to add statement of truth in court submission?

0:03 AM, 4th July 2023, About 8 months ago 8

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Hi, I am trying to evict a tenant via s8 with over 6 months of arrears.

My solicitor issued papers to the court without a statement of truth attached to my witness documents and rent arrears schedule.

The judge adjourned the case for 10 weeks and a new court date has been set.

Can I claim the loss in rent from the solicitor for the two months due to their error and a refund of the fees to resubmit the documents?

Thank you,

Parmeader


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Comments

Ian Narbeth

10:26 AM, 4th July 2023, About 8 months ago

Quite likely if, as appears to be the case, they have been negligent. You will probably need to instruct another solicitor to bring a claim.
Check if you have legal expenses insurance, either in your landlord policy or possibly your household insurance.

TheMaluka

10:27 AM, 4th July 2023, About 8 months ago

Legally you may be able to claim. I wish you luck finding a solicitor who will sue a fellow solicitor.

howdidigethere

11:29 AM, 4th July 2023, About 8 months ago

This is why I have taken to learn how to use the law myself over the last few years. The investment in your own education is an infinite reward.

There is no reason why you can not bring a claim against the solicitor yourself.

Just by issuing them a Notice Before Claim, will likely bring them to an out of court settlement. They can not afford to lose their insurance and therefore their livelihoods over a few hundred pounds.

Freda Blogs

13:06 PM, 4th July 2023, About 8 months ago

Your solicitor should have Professional Indemnity Insurance, so a gentle word in his/her ear to the effect that you will be seeking reimbursement may 'encourage' them to accept the ramifications of their error.

They can make a claim from their own insurance or may agree to recompense you without making a claim on their PII, which they are unlikely to want to do.

However, before doing so, please satisfy yourself they have the relevant experience for this work - the last thing you want is to be tied to a form which is not well versed in eviction work.

Paul Power

15:38 PM, 4th July 2023, About 8 months ago

Check your solicitors firm for its complaints process and then follow that. If no joy from the solicitor then raise a case with the SRA. Its worth a firm but fair letter detailing your losses due to their "error" before invoking the SRA. No point in paying for more legal advice at the moment until you run the relevant available processes dry. Also if I were on the receiving end I would argue that I was never given the opportunity to make amends when there are discussions about costs

howdidigethere

19:05 PM, 4th July 2023, About 8 months ago

Reply to the comment left by Paul Power at 04/07/2023 - 15:38
Agree, follow complaints process first. But maybe even before that make, as above, a gentle informal approach stating your position.

SRA can be done in parallel to a court claim. They are not very active though (I have experience), so do not expect them to enforce anything for you.

Make sure everything is in writing, or email an account of conversations after the fact for agreement.

Julesgflawyer

8:28 AM, 8th July 2023, About 8 months ago

It might be relatively easy to establish negligence, but causation would be tricky. Who's to say the tenant would have not paid rent notwithstanding the error. It's a "loss of chance" claim against the solicitor, effectively.

Judith Wordsworth

10:02 AM, 8th July 2023, About 8 months ago

Suggest a nice little chat with your solicitor. Renegotiate their fee and imply that you are considering a claim on their insurance for their “forgetfulness” and a complaint to the SRA

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