Tweet
Hi, I recently bought a house and finally got the keys in mid May. Earlier this week I received a series of emails from the solicitors who did the conveyancing. It turns out when they were working out the bill they mistakenly used an incorrect amount of funds released by the bank for the mortgage. This has left them with a shortfall of around £700 which they are now asking me to make up. I've lost a little faith in them because in 3 emails, 3 different amounts are quoted and so I'm going to have to check with the bank myself and the workings of the bill do seem convoluted and unclear. As I fully paid what I believed to be the final settlement from them at the time, do I owe an enforceable debt to them now?
Loading...
-
Tags: None -
On the face of it "no" -
I suppose I should add that one of the things you have paid your solicitor for, is it's booking accuracy and the rendition of an accurate bill.
It has come up with 4 amounts, so far,which it says you owe it, all of which purport to be the true amount, which casts doubt on which, if any, of the amounts is the true amount, or if yet more amounts will be advanced as the true amount.
That state of affairs casts serious doubt on it's accounting. That is a state of affairs that should attract the attention of the firm's senior partner, as the SRA comes down very hard on breaches of the Solicitor Account Rules.Comment
-
I'm afraid that I rather disagree with EFPOM. If there has been a clerical error, the solicitors are usually allowed to put it right.
I assume that you were entirely unaware of their error? I only ask because, on the whole, I would expect most people to know how much their mortgage was for, maybe not to the penny, but certainly to the odd £700. If it goes to court, the judge might take some convincing.
The second question is whether you still have the £700, or whether you 'changed your position' as a result of the solicitor's error, for example you splashed out on a new sofa, when you could have got by with the old one?
By all means complain to the firm that they need to produce one final calculation that is 100% right, with copies of all the backing papers to prove it, but I really wouldn't threaten to shop them to the SRA unless they drop the claim. Either bring the matter to the SRA's attention, or don't, but don't use it as a bargaining counter.
Comment
-
To be honest, I just looked at the amount at the bottom of the invoice. Given the usual clarity of solicitors fees i didn't see much point in poring over each line. The amount I had to pay seemed to be in the ball park of what i was expecting and I was more worried about getting the bacs transfer done accurately. As for the change of position, if I had known about the extra money then I probably would have been more circumspect with the home improvements.
Comment
-
Have a look at the change of position defence. https://en.wikipedia.org/wiki/Change_of_position
Personally, I would use it as a bargaining counter and aim to settle for about half.Comment
Comment