Vendor's solicitor lost buyer's deposit cheque

As I understand it a draft is basically like a 'safe' form of cash, and when your sister paid for the draft the money was already drawn down out of her a/c - that's like any draft I ever raised. If the vendor's solicitor has lost the draft, and not lodged it in his a/c, that's his problem not your sister's, and he should not be approaching your sister in the manner you have described.

I would certainly not sign any indemnity form in case the first draft might turn up and she would be liable as a result. And furthermore I would seek independent legal advice on whether or not she could rely on the vendor's solicitor reliably signing a counter indemnity form, in the event that the first draft turned up.

You mention that this transaction took place over a year ago, and I take it she has all her house purchase documents in order. What comeback has the vendor's solicitor got if she does not co-operate, as I see it full fault lies with them, and your sister will be doing them a favour by 'balancing their books'. What is it worth to them ? It certainly should not be the abuse she is receiving.

I would suggest your sister informs both parties that she is going to report them to the Law Society in one day from informing them, describing to them what you have decribed here. If she does not get a favourable response go ahead and make a complaint.
 
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If your sister paid the deposit by Bank Draft then she should have a record on her statements somewhere of the draft being debited from her account, or a receipt of her purchasing the draft if she bought it with cash.
 
shilling said:
If your sister paid the deposit by Bank Draft then she should have a record on her statements somewhere of the draft being debited from her account, or a receipt of her purchasing the draft if she bought it with cash.
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That is not the problem. When a Draft is issued the money deducted from the account at the time of issue. It is basically cash but slightly safer. She no longer has the money, has receipts for payment and it sounds that the Draft has not been cashed, but the bank will not issue a new draft unless she signs a form making her liable if both drafts get cashed at some stage. If you bought a TV and the shop called you a year later saying 'I lost the money' pay me again, what would you tell them to do?

It is the solicitors problem, they should take the hit. I'ed love to know what grounds they have for legal proceedings? Sounds like just blowing smoke to me. Sorry Judge, but we lost the money and want to be paid again.

Towger.
 
I would have expected the solicitor who lost the draft to be incredibly pleasant and nice. After all, she had every right to wave the receipt in his face and say "I gave it to you. You lost it. Your problem."
 
Has the solicitor who lost the draft agreed to provide your sister with a counter indemnity letter?
 
Basically, the solicitor is in the position where they will be liable for paying the amount of the deposit unless either
a) They find the draft
b) Your sister signs the indemnity.

With the solicitor behaving as you've described, I'd certainly be looking for something for my time and hassle before signing the indemnity.
 
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