Solicitor rant

pxl8

pxl8

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Andy Jones
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Grrrr

18 months ago my wife was driving southbound on the M5, just approaching Gordano services (for those that know it). She was in the middle lane over taking an Argos lorry when the lorry decided to pull into the middle lane. My wife ended up crashed into the central barrier, the lorry didn't stop.

What makes me mad is that we've had to constantly chase everyone to get anywhere with this. Our car was written off, we lost our no claims because the insurance company didn't bother pursuing Argos who initially played games but saw sense when plod got on their case about the failing to stop/report. Our solicitors have dragged their feet every step of the way milking it for every penny they can (our insurance is footing the bill). Then finally last month Argos made a decent offer that at least covered all the expenses we'd covered since the accident. The solicitor accepted on the condition we received payment within 14 days. Argos issued a cheque on 4th October, 3 weeks after we accepted their offer. 3 weeks later no sign on the cheque until, finally, Tuesday when the solicitor said the cheque had arrived and they'd send it out that day.

Of course it's still not arrived so I chased them up again this morning only to be told we won't get it until the end of next week now because they'd banked it (a cheque written out to my wife) and we now have to wait for it to clear and for them to issue a new one. They can't tell us why this has happened, the guy dealing with our case is, of course, on holiday.

To say I'm fuming is something of an understatement....
 
I've always been of the opinion that, once they know there is a larger corporate body involved with an 'infinite' money pot, they slow down and milk it for all they can. Even banking a large cheque for a few days (as in your case) will give them that little extra interest earner they're not really entitled to.

So, where does that leave you? Difficult to say in all honesty because it does depend a lot on the integrity of the solicitor/firm involved.

There is always this - The Law Society ......
 
Seriously though, as soon as you have the result you're after - take your missus out for a long calm evening meal - enjoy a bottle of wine - then burn their office down

I currently have 2 firms on my top-Arson hitlist

Law Practices they call them, that's cos they are always practising but never get anything ****ing right!
 
if the cheque is/was made out to your wife then there is no way that they could have banked it. It would be normal practice to have the cheque made out to the firm of solicitors.

I would write to them (never phone solicitors - waste of time) and demand an explanation of why you were advised the payment had been sent to your wife when it blatently had not been and never could be due to it being made payable to the solicitor. And whilst your at it, ask how much the Argos cheque was for, how much your wife will be receiving, a detailed breakdown of costs that comprise the difference and how much interest on the banked cheque will they be paying?
 
Well the solicitors left a message today saying that our cheque had gone out this morning. I'm not sure if it's that they don't have a clue what they're doing or have decided to try and rectify the situation. Of course the cheque is coming from their Liverpool office and so will be tangled up the in postal action. I'm not holding my breath.

I'm surprised at the amount of stress and level of injustice we've felt over the last 18 months because of this and would love to just draw a line under it all - one last battle remains - getting the 6 years of no claims re-instated :(
 
I feel for you pxl8, and I hope you get that insurance reinstated. Solicitors are very poor at customer service at the best of times (so why I started a law degree a few years ago I will never know) but insurance companies are just as bad.

My son just turned 17, and I have a renewal notice from my insurers so decided to call them up to ask for a quote to include him on it. The price rose from £300 for my wife and I, to £2700 to include my son. Phah.... they're 'avin a laff....
 
chuckles said:
I've always been of the opinion that, once they know there is a larger corporate body involved with an 'infinite' money pot, they slow down and milk it for all they can. Even banking a large cheque for a few days (as in your case) will give them that little extra interest earner they're not really entitled to.

So, where does that leave you? Difficult to say in all honesty because it does depend a lot on the integrity of the solicitor/firm involved.

There is always this - The Law Society ......
Click to expand...

Actually the Solicitor's handbook says very clearly in regards to interests accumulated in client's account, and when it is over a certain amount, something small like £20. They are not allow to keep, and in general, they sent the client every penny. Besides, client's money and the firm's money is in different accounts, so they are not "profiting" from the interest as they don't withdraw money from it to pay wages or bills. Only when they have authority from the client to pay the firm for the work done, then they move the amount client paid over to another account.
 
My son just turned 17, and I have a renewal notice from my insurers so decided to call them up to ask for a quote to include him on it. The price rose from £300 for my wife and I, to £2700 to include my son. Phah.... they're 'avin a laff....[/QUOTE]

putting your sons insurance on your own ,brave man , get him to get his own bl88dy insurance !
 
Its actually better usually for him to get his own insurance, and add you as a named driver on it ;)

Less risk too!
 
Horrible story PXL8 glad the missus is ok. My advice, make a formal complaint to the Law Society, your lawyers should not be banking cheques made payable to your wife. After representing you they should have faith any monies due to them would be forthcoming, so the cheque should have come straight to you. Claim for any lost interest as a result.
Re. the Insurance, use the Insurance Ombudsman service to try and get your no claims back, seems reasonable that you should as you were not at fault and that the other party failed to stop and report. Tony Levene in the Guardian is very good at resolving these types of cases too, it might be worth dropping him a line and seeing what he can do.
 
You can work out the interest they will get and ask them for that in addition to to the cheque.
 
Thanks folks, here's an update:

My wife was off work for a couple of months with back and neck pain but is physically fit now. Took a while longer to get her confidence in the car back but that's not surprising really.

So did the cheque they sent arrive? No. I did, however, get a call telling me it hadn't been sent on Friday and it won't be sent until Thursday as the cheque they received won't clear until then (9 days after they received it).

I said I'd had enough of hearing stories about a cheque being sent so they can do a bank transfer instead. He waffled on about BACs taking 3 or 4 days and I said no, same day - on Thursday. He said there was a charge for that and I said I'm sure they'd be more than happy to cover it as it would put us in the situation we would have been in had they kept their word last Tuesday.

Now if you'll excuse me I'm off to upload their logo to the Wiki page defining incompetence :)
 
:bang: Tell me about it.... do you know whats worse, when your solicitors are friends too....boy can they drag their feet then!! Ours are currently 8 months into a probate case [yes EIGHT flippin months] that I could have done myself quicker for all its various complications. I am desperate to call them and give them an absolute ear bashing but HE wont let me, as they have been friends for years...my answer? NOT MY FLAMIN FRIENDS THEY HAVEN'T :bonk:


Good luck getting them sorted out and glad your wife is better now. As already said, blow some of the money on a romantic meal and a petrol bomb! ;)
 
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