Help and advice needed

[homam]

help and advice needed

I received the below email from the legal ombudsman in regards of complaint to a service provider. Can I anyone advice me please shall I carry on with the complaint as recommended by the legal ombudsman below or shall I submit proceeding to the court and take a court action?

We refer to the letter sent on 2 February 2022 by your newly instructed solicitor which to us appears to be a claim for professional negligence rather than complaints about the service received from the firm. The service provider has also responded on the basis of a pre-action protocol prior to legal proceedings which is an entirely different process to that of a service complaint.

We note that you have raised an initial expression of dissatisfaction with the firm in October 2021 however this does not appear to encompass all points included within the above mentioned letter of claim.

The Legal Ombudsman deal with poor service complaints.

For the Legal Ombudsman to become involved in a service complaint, a clearly indicated formal service complaint must be raised by you directly to the service provider. A pre-action protocol is not the same as a service complaint. The service provider would then be expected to instigate their internal service complaints procedures under which they would be required to provide a final response to the service complaint in up to eight weeks.

Therefore in order to consider this matter further it will be necessary for a formal service complaint to be raised by you directly to the service provider such that this clearly sets out the nature and points of the service complaint so they can instigate their internal complaint procedure.

We would suggest that you ask the firm to treat the letter dated 2 February 2022 as your formal complaint and for them to provide a final response under their complaints procedure. It would also be helpful if you clarify with the firm your intention in regard the previously considered legal proceedings so there is no confusion by the service provider in this regard.
Thanks

[atticus]

Are you able to clarify the nature of your complaint, to which this replies?

That said, the final paragraph seems to give you a suggested way forward.

[homam]

They provided me with a conveyancing service for a purchase of a land which was very poor and made miss the completion deadline and therefore it cause me a financial loss of thousands of pounds. Are you able to help me with the wording of the email I should sent now? As the last paragraph also mentions I should clarify my intention in the previously considered legal proceedings.
thanks

[atticus]

Please clarify your intentions.

[homam]

To claim the financial loss of the service provider because they were the reason of it

[atticus]

Then surely you need to follow through on the February 2022 claim letter. Is it correct that you are no longer instructing the solicitors who prepared that letter for you?

Let's be clear. This is not a simple matter. There is a lot of detail to be considered and understood - very much more than you have so far shared in your 5 posts to date on this forum. If you are not able to prepare correspondence and claim documents yourself, then you must seek assistance from someone who can. That person will need to see everything you have, and to discuss it all with you.

A forum like this can only give more general pointers.

[homam]

The solicitor company has closed down and that’s why no other solicitor is involved now and that’s why I tried to get the legal ombudsman involved but they said a pre-action letter is not a complaint letter. Shall I carry on as suggested by the legal ombudsman with letter dated February 2022 and email the service provider to consider this letter as complaint letter and for them to provide a final answer within 8 weeks? Shall I take court action?
thanks

[atticus]

What exactly do you want to get out of this? I ask, as if you are after financial compensation - and how much do you believe you have lost? - you are probably going to have to follow up your February 2022 claim letter with court action.

[homam]

I am after the money I lost £18600. Shall I email the service provider as suggested by the ombudsman above and wait for response?
Thanks

[atticus]

There is little harm in trying that, but you may need to be prepared to take court action if this does not lead to constructive engagement and settlement of your claim.

[homam]

Is the below email okay to send to the service provider

Please consider the letter dated 2 February 2022 which was sent to you as my formal complaint and to provide a final response under your complaints procedure. I would be expecting you to instigate your internal service complaints procedures under which you would be required to provide me with a final response in up to eight weeks. My intentions are to compensate/recover me for the losses which I have incurred as a result of the failure to complete the Purchase of the Property on time.
Thanks