i'll try and keep this short….
A joint venture property my husband sold settled last tuesday.
Main loan was discharged and his settlement share of 40K (Bank cheque) was made out with his surname but the wrong first initial….
Conveyancer said " Take it to the bank, they should let it go through"
Rang bank outside office, they said no (Of course)
Conveyancer said they'd pay it into trust, draw a cheque and should be in my account friday.
Wasn't there, finally got them to answer my call today (Monday)
I was told solicitor will be in Tuesday (Tomorrow), as he is only one who can draw on trust account, and my money will go in same day.
That's seven days extra interest I've had to pay as this was going against my LOC.Where do I stand?
They told me they didn't take their payment for "services" out of the settlement, I will be getting a separate bill….
Can I deduct 7 days interest from the bill they send me?P.S. Not our idea to use a conveyancer, I've always used a solicitor and now ,at least I know why!
Hi there
I have had something similar happen with a re finance where the solicitor/conveyancer for the bank stuffed up and as a result I didn't have my money for 7 days.
I did jump up and down and they waived the interest payable for that period.I do think it is worth complaining that the mistake has cost you money – specify it and require it to be deducted from any money you owe to the conveyancer.
If you still have problems – complain to your law society because you shouldn't have to wear the consequences of the conveyancer's error (assuming you did give the correct particulars to them for the cheque)
thanksThank you Raddles,
The name on the cheque was the same as the name on the contract and every other document they have. It's not like we asked for a cheque in a completely different name.
I realise its a simple mistake, but this is a legal procedure where everything should be double checked surely.
It's their attitude and total lack of communication that's really getting up my nose. Why tell me that the money will be in Friday, then when I call and leave messages, no one calls back?
Then when I finally get through on Monday afternoon, no apology, just "well the solicitors not in until tomorrow, we'll fix it up then".
I know they do their banking at lunch time, so if it's not in by 2pm today, I'll have to go confront them…unfortunately, I'm a shy person…but this is ridiculous!!!Well they finally placed the settlement money in my account….late Tuesday.
The amount is slightly lower than the original cheque I saw, I think they deducted their fee already!
Maybe they have got half a brain between them and realised I'd dispute their "fee for service"
No doubt it happens to them a lot.
Now I may have to just write them an extremely critical, but fair, letter pointing out their many shortcomings…..of course I should wait until I receive the settlement breakdown….who knows how long that will take?!
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