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Solicitors - Conflict of Interest

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  • Solicitors - Conflict of Interest

    Good evening!

    First time post in the group, but please strap in. This is quite the tale but I’ll try to keep it short!

    In April 2022, we hired a builder to complete renovation and improvement works at our home address. The total cost of the project was estimated to be £70,000.00.

    Fast forward to September 2022 and after a plethora of issues, his work being identified as unsafe and not in compliance with building regulations he was asked to leave site. We hired a quantitive Surveyor, had reports commissioned and established we had overpaid by £35,000.00 out of the 60k he’d had up to this point.

    Enter person A. A, a neighbour originally recommend the builder who we ended up having issues with, having had a number of projects completed by said builder previously.
    Hearing of our issues and our wish to progress with a civil case against him, A recommended the solicitors firm at which they work to help us progress our case.
    A’s colleague took on our case, and after some back and forth and with a substantial amount of evidence in our favour, the builder agreed to a significant settlement, avoiding court and other action we had begun against him using regulatory bodies in the construction industry.

    Here is where things become confusing……

    The builder was given a deadline to make the settlement payment. This passed, and other action began, as no payment had been made.
    I then received a call from said builder stating that A had agreed to invest in his businesses (he has more than one), with the investment money to be used to complete our settlement. A had been completing the correspondence with the solicitor A worked for. All the while pretending to be the builder. Contracts were signed between A and the builder for significant %’s of the builders businesses.
    A obviously had access to our solicitors and potential personal information regarding our case, and given A was seen as a neighbour and friend was aware of our situation as it developed.

    I am in possession of a number of documents and the contracts between A and the builder. I also have correspondence in which A states the contracts have been written up by the company she works for, the same company representing us against our builder.

    I have raised a complaint with the solicitors and requested a meeting with them to present them with the evidence in my possession. This request has been ignored and they have instead insisted on sending the evidence via email. They state this is their complaint policy.

    In my opinion, there is an obvious breach of confidentiality/GDPR, a conflict of interest and fraudulent activity having been undertaken by A and the solicitors.

    We have also not received our settlement and find ourselves at a significant financial loss, both from the building work and the subsequent legal fees.

    My question legal beagles is this; what do I do? What process do I follow? What offences have the solicitors and A committed?

    All I want is for my house, which is still a building site, to be completed. For us to be able to enjoy the home we had planned to build.

    I’d be incredibly grateful for any help!!
    Tags: None

  • #2
    Reading this I think A and the firm have some explaining to do. Pursue that complaint. You may need to escalate it to the Solicitors Regulation Authority.

    But whether that will help complete the work on your house is a different question.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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