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Spectacular Negligence?

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21 Oct 20 #514534 by Lizzie2910
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Long story sideways to give you some background, the FMH and adjoining land is allocated for building development. My x wants to buy me out for a bargain price, I say sell for top money which will benefit both parties. I sent 3 offers to his solicitor months ago, thank heavens I sent them by registered post and his solicitor did acknowledge the covering letter, but clearly never read it or passed it to my x. After some months of frustration at these offers being ignored and a laughable offer from my ex, I’ve been accused of failing to disclose these offers.

I’m annoyed that I not only sent the offers, but said I wanted to accept one (this was last April), I’ve referred to the offers several times in subsequent letters and still been ignored. I applied for a financial remedy because I was being ignored (no date yet), so tell me this... what happens if the offers are expired? Covid is playing havoc with the country and if I have to accept less, then can I claim for damages? And who do I claim against?

I truly believe (and can prove) that x’s solicitor doesn’t read my correspondence. I’ve had to write a few times to correct his mistakes

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21 Oct 20 #514540 by .Charles
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Can you claim damages? Unlikely. To do this you have to establish a loss and unless your ex agreed to the sale there is no loss.

Also, you have to establish the loss even if your ex agreed to the sale. From my conveyancing colleagues I understand the market is fairly buoyant so you might meet or beat the previous offers.

Charles

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21 Oct 20 #514541 by Lizzie2910
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Thank you for the reply :)

I believe that because I’m self representing, his solicitor isn’t diligent at all. He sent me a form E, half completed with half a date and lots of lies in it. He asks for information he’s already had, and offers me information he sent in earlier letters. I have to correct him all the time and it must be embarrassing to have a LiP pointing out mistakes all the time. My x has wasted 6 months while he pays this fool to write to me yet never reads my replies!

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21 Oct 20 #514542 by .Charles
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What you describe is poor service rather than negligence.

Unfortunately as you are not the client the solicitor has no duty to you at all. Rather than accede to the repeat requests you can simply point out that the document/s they are asking for were contained within your letter dated X.

As for the form E, if proceedings haven't yet been issued, the exchange of Forms E is voluntary. If one or both of the parties refuses to engage in the process it is all for nothing so proceedings are necessary as in your case.

Once issued you will then have to exchange forms E formally. If the lies persist you can call them out in your questionnaire.

It sounds as though your ex has employed a lazy/inept solicitor who possibly doesn't specialise in an area of law - Jack of all trades, master of none perhaps?

Charles

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21 Oct 20 #514545 by Lizzie2910
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Apparent Head of the Family department :silly:

Here’s a question for you, Charles. What would be the cost to the client for each letter I am sent?

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21 Oct 20 #514548 by .Charles
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Eek!

The cost will depend upon the length of the letter. A routine letter which is a letter that takes 6 minutes or less to prepare will be a tenth of the hourly rate. A long letter of advice might be timed at 30 minutes.

Assuming an hourly rate of £250 the letter would cost £30-£150 when VAT is added.

Not insignificant amounts which is why I would always encourage people to sort things out between themselves if possible.

Charles

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22 Oct 20 - 22 Oct 20 #514549 by Lizzie2910
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The ex refused mediation. I attended and ultimately got a certificate so I could apply for a FA. I’ve demonstrated from the word go that I wanted to save costs and avoid Court.

Reason I asked about costs of letters is to give me an idea of the sum of money wasted, as if the offer made 6 months ago had been passed to my x, he would have had little option but to accept it. As he didn’t know, the correspondence continued in an odd way - he making a ridiculous offer and me annoyed as to why he thought the offer wasn’t worthy of a response.
Last edit: 22 Oct 20 by Lizzie2910. Reason: Added more detail

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