Solicitors took money from Court funds

[Dollydaydream]

From 1991 until 2003 I was involved in case that was very complex. It is too complicated to go in to here. I had an excellent solicitor who acquired the Asil Nadir case so handed me over to solicitors in Manchester who were hopeless. I had them for about four years,but believe it or not, they never appeared in court for me. Every time I suggested an application they dismissed it. I would go to court, as the litigants friend, and get it and they would say 'How did you manage that". To cut a very long story short ,a three day trial was due to be heard in March 2003 and I sacked them in January. I knew that if I went to Court with them I'd lose.They sent me a bill for £6900 which I refused to pay for the first time and then they refused to hand over the file. I had to attend the Liverpool Crown Court without the trial bundle against six barristers representing Barclays. Thankfully I won that particular hurdle, but if I hadn't have known the case inside out I would have lost.The solicitors took me to Court. In Court the solicitor in question didn't even know the right names of people he was supposed to representing. When the Judge ordered a ELH for 2 hours I questioned whether that would be enough time to list all the mistakes. The Judge found that funny. I told the Judge the situation I was in but even after the Judge asked if he would release the file, he wouldn't. So I asked the Judge if I could put £6900 into the Court and get the file. He thought it was a good idea. After leaving the room the solicitor approached me and said that if I gave him £6000 in cash he would give me the file.I told him he was out of order and I even had a note sent to the Judge about this incident. I put the money in the Court but he still didn't hand over the file . In the end I made an appointment with the Head of the firm and he gave me the file. I instructed new solicitors, who were brilliant, and they also told me to sue the other solicitors for the lack of work they had done and their incompetence. I won the case and completely forgot about the money.In 2010 I was clearing out papers and realised that the money was still in the Court. I rang Liverpool but they said it had been transferred to Birkenhead. When I went to the Court office I was told that the solicitors had taken it. I tried phoning them and emailing but they ignored me. I have recently written to the Legal Ombudsman but they have said that the Complaint is out of time.They told me that if I think they are wrong or there are other matters which alter the circumstances surrounding the complaint to get in touch. Does anybody have any suggestions??

[nemesis45]

Re: Solicitors took money from Court funds

Hi welcome to LB,
Very difficult to assess what you could do here for clarification please.
1.On what date did you pay the money into court?

2. Confirm that you were approached by a solicitor for a " discounted " cash payment which you declined?

3. When you met with the head man at the sols was any mention made of the money held at court?

4. Were any conditions entered into in reference to the disposal of the money at court, e.g. payment to the sols on confirmation that the file had been handed over?

My guess is that as soon as you had the file in hand he money was released by the court.

nem

[Amethyst]

Re: Solicitors took money from Court funds

The solicitors firm took you to court for the £6900 and you won that case - do you have the judgment order for it still ?

During the case you paid £6900 into court so you could have the file released to use in the other case.

Despite losing the case the solicitors firm had the money released to them by the court.

When was the money released to the solicitors firm ? The case ended in 2003? I'd guess there are limits on how long after money paid into court stays there but I don't know. I'd also presume there are rules about who how and when money paid into court is released to either party.

You realised this had happened in 2010, it's now 2015 ? How long does the LeO say you have for complaints ? Time would run from 2010 - when you discovered issue.

Payment out of money paid into court
37.3

(1) Money paid into court under a court order or in support of a defence of tender before claim (GL) may not be paid out without the court's permission except where –

(a) a Part 36 offer is accepted without needing the permission of the court; and

(b) the defendant agrees that a sum paid into court by him should be used to satisfy the offer (in whole or in part).

(Rule 36.11 sets out when the court's permission is required to accept a Part 36 offer)

[EXC]

Re: Solicitors took money from Court funds

You realised this had happened in 2010, it's now 2015 ? How long does the LeO say you have for complaints ? Time would run from 2010 - when you discovered issue.

I don't think there's any prospect of being able to go to LeO now.