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Return of legal papers

  • redwine47
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30 Jul 12 #346147 by redwine47
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How long should one have to wait to get legal documents returned. My previous solicitors have been holding papers since May 2011 as I was disputing their excessive bill. This bill has now been settled 2 month ago & still have not got documents back.

I have phoned almost everyday & no further on. They also have children''s birth certificates, marriage certificate & Decree Nisi, I need docs for new passport?

I could get my new solicitor to write but that''s more money!

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01 Aug 12 #346657 by stanlawkent
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If your legal bill has now been settled, you are now entitled to your full file of papers (inc all your original documents). However most law firms will want to take a photocopy of the file before they release it to you, as they have to keep files/records for a minimum of six years after the file is closed. It might be a good idea to ask your former solicitors to give you a deadline as to when they can have the file copied and made available to you, for you to collect. This means that you tie them down to a date, and that you keep a degree of control over the deadline. Hopefully this should then provide for the release of your file to you.

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01 Aug 12 #346658 by redwine47
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Thanks I. probably will have to write another letter. They have. not replied to my letters so far nor returned my calls. They also will not issue a receipt for payment which I need for Ancillary Relief disclosure.?

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01 Aug 12 #346661 by stanlawkent
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How disappointing that your efforts to communicate with your former solicitors are being seemingly ignored.

As this is the case, I would suggest a telephone call to the office and demanding to speak to the Partner in charge of the Family Department or whichever Partner deals with complaints. I would then suggest that you inform them as to the history of the problem, and that you find it unacceptable that you have not been kept informed as to when you can collect your file. I would then inform them as to a date that you will be attending at the Reception of their firm to take possession of your file (as it is your possession) I would give them 7 days. If it is not ready in that time you will be making a formal complaint and that you will be prepared to take it as far as the Legal Ombudsman. That should do the trick!

Yes get a receipt for the final bill, to be able to prove that as a litigation expense within your Financial proceedings/disclosure.

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01 Aug 12 #346663 by redwine47
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I ve already made a formal complaint to them about previous service & this is why I had to change solicitors. They disagreed with my complaint & I went to legal ombudsman but was told I was out of the time limit for making a complaint by few weeks.

This is true as I was delayed as my mother took ia serious illness & then passed away. But they still will not except my complaint.

But I will write a further letter to the partner of the firm again & demand a date.


Nothing is ever straight fwd in these matters.

:S

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01 Aug 12 #346679 by stanlawkent
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Oh dear! This however, would be treated as a fresh/new complaint; given that they have failed to return your file to you without good reason.

Wishing you all the best with this.

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01 Aug 12 #346683 by redwine47
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Thank you so much for your help, I will see what happens.

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