11 Jun 2019

A question about : Right to Buy Solicitors Error Claim!

Is anyone else going through this? I was approached about 3 years ago by a Solicitors saying my Right to Buy Morgage from 2002 the solicitors used made mistakes and I could claim from them, they didnt offer right advise etc. I was told the claim was worth anything from Ј4k to Ј8k. The trouble was, it hadnt been done before so the whole thing has had to go through the High Courts, the big guys, and in the meantime the solicitors has had to change due to volume. Basically they have gathered thousands of claims and the original guys couldnt handle the volumne of claims so it has been passed on. Three years later, I have been informed that certain things have happened, they High Court has agreed they are at fault and my solicitors are in a position to make an out of court settlement to safe the solicitors at fault insurances some money. However, they have just sent me the amount they are going to ask for which is far lower than what was originally thought Ј1,400 they suggested i go for Ј1k to ensure they say yes. Now this amount, to me, is very low considering the amount quoted at the beginning. It boils down to the original Solicitor who helped my with my Right to Buy council house years ago, they apparently overcharged their fees and didnt give me the right advice at the time. To me, this has meant I have suffered financially and have most probably occured lots of overdraft and bank charges due to my missold mortage yet I now feel Im being railroaded into settling. The solicitors are now telling me, I have to take the amount THEY have decided or they will bill me for the fees, as this is a no win, no fee case. Im not given a choice, they have very clearly outlined it as we will charge you fees if you do not agree to this. IS THIS ALLOWED?should i be seeking further advice? Im also worried as they have stated that they will go on majority decision so if i dont agree, they will still go ahead!!! Is anyone else going through this, surely i cant be on my own... help would be greatly aprreciated

Best answers:

  • sureyly not?
  • Ј1K is better than nothing.
    It would help if the actual HC case was known, e.g. Smith v Jones (2014). The court may have decided that the error didn't cause so much financial hardship or (more probably) the original figure was a "come on" to persuade you to sign up.
    Bear in mind that if you have experienced bank and overdraft charges, using this as an argument for more compensation would probably not go in your favour as you would be judged as not managing your finances correctly.
    The terms and conditions of your contract with the compensation solicitors should state what they and you can and cannot do and will be weighted very heavily in their favour. They may well be able to charge you.
  • If you do not like what your solicitors have done, you are at liberty to complain to them and, if you do not like their response, to the Legal Ombudsman.
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