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Solicitor invoicing for emails sent regarding retained funds from house sale

  • CeCeunfair
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18 Oct 22 #520112 by CeCeunfair
Topic started by CeCeunfair
I am having trouble with the solicitors firm who completed the conveyancing during my divorce. Prior to the sale, June 2021, I was using this same firm for my divorce petition, but after the Decree Nisi was pronounced, I decided to change solicitors for the financial agreement, having been unhappy with the service. My previous solicitor was clearly unhappy about this and after the house sale, he asked me to move the house proceeds to my new soliciotor to be held there. As Solicitors cannot be used as a 'bank', I was not able to agree moving the monies, nor was my new solicitors firm willing to accept it. My new solicitor advised that as the fianncial agreement had not been made, the monies should stay where they were, with the conveyancers until a court order had been made.

Unfortunately the financial side of the divorce has since taken almost 1.5 years to come to an agreement. We are about to submit our paperwork to court and expect to be requesting the monies to be released within the next 2 months. However, my prevous divorce solicitor, who's firm completed the conveyancing, is invoicing me for 'work done' over the last year with regards to the funds. He says it is not for retaining the funds, but for work done. I am not aware of any work which has been done, other than him chasing me/my solicitor for a date when the monies can be released. Both my current solicitor and I have been very clear with him that we are working on the agreement and we will be in touch when we are ready for the funds. I can only assume that he is referring to work done in emailing me and my solicitor. The invoice is not itemised at all and he is charging me for 2 hours work plus VAT. I am only aware of 5 emails and a phone call to his practice manager in the last year, which I fail to see can account to 2 hours of work anyway. At that time, they threatened to send me a cheque for the whole amount, despite some of it belonging to my ex. I will add that they have not been chasing him at all.

Can they do this? I have been very clear that I will be in touch when things are finalised. I obviously do want the monies so we can move forward. It is ridiculous that they think pressurising me will make the negotiations happen any quicker.

  • rubytuesday
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19 Oct 22 #520115 by rubytuesday
Reply from rubytuesday

I am not aware of any work which has been done, other than him chasing me/my solicitor for a date when the monies can be released.

While this may not have instructed work, it is still work. I don,t think it's unreasonable for them to enquire as to when it is likely that the money can be released. It has (through no fault of your own) been sitting with them for some time now.

You can request an itemised bill for the alleged work done, and see if your ex will agree to pay half?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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