Chasing retention 8 months after it was due to be repaid

[PT13578]

When we sold our house in February 2021, there was a £2000 retention held back due to some questions the vendor had about the drainage (nothing complicated, just no arrangement with the water company to pay for surface water drainage as the house was in the countryside in the middle of a field, but because they were city people they couldn't cope with it). The deal was that if the water company didn't raise any issues within 12 months then the sum would be repaid. 12 months expired in February 2022. We're still chasing the repayment, now 8 months late. My solicitor seems to be basically useless and she just keeps contacting their solicitor who tells her he'll get back to her within a day or two, then goes quiet and doesn't do anything. I have threatened to complain several times and keep getting fobbed off. But I'm getting really furious now as this is my money, its quite a lot of it, and I want it back. What can I do? Who an I complain to? What should I say to my solicitor to get them to take things more seriously? Is there a process I can follow? I'm assuming I can take them to small claims or complain to their governing body or something? Or do I ask to speak to my solicitors partner? I"d really like to go into this with a plan from hereon in so would really welcome some targeted advice. Thanks

[atticus]

Is the retention held by solicitors?

If this cannot be resolved by agreement, then a county court claim will be necessary.

NB if you sold your house, you will have been the vendor. I assume that it is the buyer who needs to pay.

[sandfordboy]

Have you checked the exact wording of the retention agreement & who drafted it ?

[dslippy]

Do not expend all your energy fighting your own solicitor - he is not the one with your money.

Ask your soicitor to check the wording of the agreement to retain - and send a copy to you along with copies of his latest letter to the other side and his advice on how to sue the buyers' solicitor

[PT13578]

atticus
Apologies, yes I do know the difference between a buyer and vendor, typing error on my part! We were indeed the vendors. I believe the funds are held by the buyers solicitor. The terms of the rider were that the funds would be held for 12 months and if there had been no claims by the water company would be returned. It was drafted by the buyers solicitors with some slight alterations made by our solicitors.

I have asked our solicitor the questions you've suggested dslippy. Whilst I agree that it may be a waste of energy fighting my solicitor, I'm finding their apathy really frustrating. I have asked them for advice on how to proceed several times, and I just get defensive answers telling me she's contacted them repeatedly but not actually giving me any advice or suggestions on how to move forward. I've Asked that we make a complaint but again, have had no useful response. So it's very useful having some advice on how to approach this going forwards. Thanks

[PT13578]

Can I ask further advice please? I was advised not to waste energy fighting my own solicitor, but they are now not replying to my messages or actually doing their job. I've asked them for advice on how to sue the other solicitor, and to confirm the details of the retention agreement well over a week ago and cannot get them to reply at all. I have no way of going after the other party without their help as they have all the details of who the other solicitor is and I do not have than information. So what do I do now? I feel I'm left with no other option but to raise a complaint about my solicitor?

[atticus]

Do you have a copy of the document containing the full terms of the retention? If so, you can surely bring a court claim against the purchaser for payment/release of the retention money.

[dslippy]

You need to establish whether the agreement was for the solicitor to retain the 2k in their account as stakeholder, or whether it could be released to the buyer. It would be the solicitor, in which case you would be suing him, not the buyer.

[PT13578]

I have the retention agreement and it is clear cut that if there were no invoices submitted for payment by February last (which there weren't), then the retention was to be paid back to us. The retention is held in the buyers solicitors client account, but I don't know who the solicitor is as I've never dealt with them directly, only though my own solicitor, who is not replying to my messages. There is no details about who the solicitor is on the retention agreement I have. Obviously this was all dealt with via the solicitors, hence my problems.