Can I raise a formal complaint?

[Freedom23]

Hello all

I'm not sure if it is still possible to make a complaint over a legal issue that occurred some years ago as it has only just been discovered that a deed of trust was signed under undue pressure and coercion potentially by both the other party and the lawyer who conducted a home visit to get the document signed some years ago.

The deed of trust forced a house sale some years later resulting in the other party walking away with substantial capital as a result.

I have only just been made aware that others considered the other party to the deed to be both controlling and coercive throughout the relationship.

Can you advise if a complaint can be made or would it be dismissed as being out of time?

Thank you for your help.

[echat11]

Hi FREEDOM23

Welcome to LB

What you need to do regardless, is complain to the solicitor / firm first, then go from there.

The solicitor / firm will send a final response / deadlock letter, that will explain what you can do if you still aren't happy.

Time limits do exist, but as you've only found out, the clock starts ticking from there.

The question that will be asked is 'could you of found out earlier?'.

[atticus]

When was this?

What is your position in all this?

I am not so certain that the clock has only just started ticking. Could you indeed have found out sooner?

[Freedom23]

The control/coercion issues only confirmed recently. The sale was some years ago.

Have only just been advised have authority to pook further into the situation.

Thanks for advice.

[Freedom23]

Sorry meant look!

[atticus]

how many is "some"?

[Freedom23]

Just over 4 years hpuse sale, believe the deed somewhere around 6 years ago?

[atticus]

The victim of the transaction may have grounds to bring a claim against the person applying undue influence.

But strong evidence will be needed to get a case off the ground. You are being careful not to say what has been going on, probably with good reason.

[Freedom23]

So what would be the recommended next steps?

The victim requires support/assistance to raise anything formally now. Should this be a complaint to the solicitor at the time or directly to the other party, is it an application to the court that is required and if so are there any agencies that would consider pro bono representation as the victim has extremely limited funds

[atticus]

You appear to be wanting either to undo a transaction or to seek payment from the party that you believe benefitted unfairly. You should consult a solicitor with suitable specialist experience.

So far you have said nothing to enable us to say whether the solicitor might be in any way at fault.

[Freedom23]

It is my understanding the original deed was drawn by for both parties by the same solicitor following a home visit. No advice given to seek further opinion from another lawyer.
The deed apparently did not have a breakout clause in the event of relationship breakdown which occurred some years later.

The other party registered the deed with Land Registry, they then refused to remove the information to enable an equity loan to be accessed which would have given party one their required funds and also allowed party two to remain living in property. Allegations of coercive and controlling behaviours have been made in recent weeks by others who were aware of the relationship however they had no idea the deed existed or why the original house had to be sold.

Is there not a code of conduct for solicitors to follow?

[echat11]

https://www.sra.org.uk/solicitors/st...ct-solicitors/

[atticus]

There is a code of conduct for solicitors. Do you think it was not adhered to?

[Freedom23]

That is the primary concern.

It seems illogical for a lawyer not to have insisted both parties seek independent advice on such a document? Is it usual for a deed of trust not to have a breakout clause just in case of adverse events in the future or is that unusual.

Thank you all for the information given.

[atticus]

In what circumstances was the declaration of trust made? Was it at the time the property was bought? If not, can you please explain the situation.