Solicitor still not provided file after 2 months

[dazed]

I parted ways with my solicitor and asked for copy of the file and a Subject Access Request to my data on 2nd June 2021.

I've chased several times - this isn't a small firm by any means, but they keep coming up with excuses about "being under administrative pressure due to COVID".

I'd ask the SRA and Legal Ombudsman, but they warning of delays up to almost a year with the backlog!

So do I now have to find another solicitor to chase that one? 2 months is too long, is it not? To be clear, I was fully up to date and had no outstanding invoices or money owing to them.

[echat11]

Hi Dazed

You can lodge a complaint with the Information Commissioners Office (non compliance with a SAR) they have a 'backlog' too.

The best thing to do is follow the solicitors internal complaints procedure, but emphasis that because they have failed to comply with your SAR you have lodged a complaint with the ICO. That should hopefully get the file and information you seek from the solicitors.

Only correspond in writing / email.

[Celestine]

Initiate the written complaints procedure outlined in the original client care letter.
Also check out the SRA page on complaints, sounds like in your instance you could complain direct to SRA because they may have broken SRA Handbook rules on not supplying client files? https://www.sra.org.uk/consumers/ins...t-to-complain/

[echat11]

I parted ways with my solicitor and asked for copy of the file and a Subject Access Request to my data on 2nd June 2021.

I've chased several times - this isn't a small firm by any means, but they keep coming up with excuses about "being under administrative pressure due to COVID".

I'd ask the SRA and Legal Ombudsman, but they warning of delays up to almost a year with the backlog!

So do I now have to find another solicitor to chase that one? 2 months is too long, is it not? To be clear, I was fully up to date and had no outstanding invoices or money owing to them.

The delays at the SRA aren't that long (12 months), you are looking at around 2 months. I complained in May and got a response in July.

The Legal Ombudsman will be longer because they have a lot more complaints to deal with, I'd say 3 to 4 months, maybe a tad longer.

[dazed]

The delays at the SRA aren't that long (12 months), you are looking at around 2 months. I complained in May and got a response in July.

The Legal Ombudsman will be longer because they have a lot more complaints to deal with, I'd say 3 to 4 months, maybe a tad longer.

Thank you everyone - I was just going by the following information I received when I made a complaint about a different solicitor in June.

By the sound of it, it's OK to lodge with LA, SRA and ICO all at the same time?

While we are unable to give you a precise timescale, we can confirm that, at the date of this letter, our investigators are assessing cases similar to this one that were accepted in April 2020. To ensure fairness to everyone during this period, we are dealing with complaints in the order they are received.

We appreciate that the time it will take us to assess this case is not ideal, but we want to assure you that we are working hard to reduce the wait time by looking at new ways of working. However, it will take some time before we start to see the benefit of this. In the meantime, we would like to thank you for your patience. You do not need to contact us further at this stage. Instead we will provide you with an update in approximately three months’ time.

[echat11]

Thank you everyone - I was just going by the following information I received when I made a complaint about a different solicitor in June.

By the sound of it, it's OK to lodge with LA, SRA and ICO all at the same time?

That should be fine (the LO).

[monsal]

Dependent on how they have responded to you so far, you may not get too much joy complaining for another few weeks. The ICO are not clamping down hard on delays due to Covid unless its a serious breach and even under normal circumstances......

"An organisation normally has to respond to your request within one month.

If you have made a number of requests or your request is complex, they may need extra time to consider your request and they can take up to an extra two months to respond.

If they are going to do this, they should let you know within one month that they need more time and why"

[echat11]

Dependent on how they have responded to you so far, you may not get too much joy complaining for another few weeks. The ICO are not clamping down hard on delays due to Covid unless its a serious breach and even under normal circumstances......

"An organisation normally has to respond to your request within one month.

If you have made a number of requests or your request is complex, they may need extra time to consider your request and they can take up to an extra two months to respond.

If they are going to do this, they should let you know within one month that they need more time and why"

I've been told it's a 4 month wait, but they will investigate. It's fairly straightforward information that is being sought, but 2 months is quite a long time.

[pt2537]

I parted ways with my solicitor and asked for copy of the file and a Subject Access Request to my data on 2nd June 2021.

I've chased several times - this isn't a small firm by any means, but they keep coming up with excuses about "being under administrative pressure due to COVID".

I'd ask the SRA and Legal Ombudsman, but they warning of delays up to almost a year with the backlog!

So do I now have to find another solicitor to chase that one? 2 months is too long, is it not? To be clear, I was fully up to date and had no outstanding invoices or money owing to them.

Its your file, not the solicitors, so if you want it you can have it. 2 months is taking the mickey in my opinion, if they want to take a copy they can but it shouldnt take this long.