Compensation cheque promised but not sent

E

elainem

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Hi! I was promised, and signed an agreement, that I would have my compensation cheque within month. A month has now passed - no compensation cheque, no reply from solicitor. I need the money school fees due in August. Costs for the case have probably gone to taxation.
I presume the agreement is null and void now. Part of the agreement was that I would take down negative reviews of what engineer and builder did to our house - I now feel like reinstating these reviews! Can solicitor get his costs though I have not received compensation.
 
I'd hold off doing anything that might jeopardise the compensation. Contact your solicitor and ask where things stand.
 
In Ireland, insurer must issue cheque within 10 days of the settlement being agreed. You too have 10 days in which to consider the adequacy of the offer.

If you are waiting a month,m I'd suggest you write to your solicitor asking for the identity of the insurer and their reference number, advising him you intend to lodge complaint with Central Bank.
 
Thanks Ravima and Seagul for your replies. Ravima - does the 10 day rule apply with any compensation from insurers and not just from car insurance - the insurer's in this case are professional indemnity insurers. I know the name of the insurance company - they are a UK insurance company who provide professional indemnity insurance for professionals here in Ireland. Is it still the Central Bank I complain to - does the Financial Service Ombudsman have any input here? Thanks.
 
The settlement agreement is just that.
It's terms seem not to have been complied with.
I would threaten to alienate myself from the agreement as it has been breached.
My concern here is that if you acquiesce in the face of a breach of agreement you will eventually be deemed to accept it [laches].

The agreement seems to be based on OP's legal costs being agreed or taxed in default of agreement.
This is normal. Negotiation of costs can be troublesome.

What my inner cynic is wondering is whether or not the settlement cheque issued but is being held by the solicitor pending settlement of costs.
If so, that is completely unacceptable as the funds are those of the OP.
A solicitor might hold the cheque or negotiate it through the client account on the basis that any costs not recovered from the other side as party and party costs will be billed to the client as solicitor and client costs.
A solicitor might try to deduct solicitor and client costs from the damages cheque which is rather naughty to say the least of it.
That said, we do not know the terms of engagement agreed between OP and solicitor.
 
Thanks, to all of you for your replies. Direct Devil, thanks for your advice. I think the cynic in you is right. My requests to my solicitor for my cheque have now gone unanswered. I really need the money. I am writing to the Law Society this evening about it. Is there anything else I can do? I told the Solicitor I was writing to the Law Society, but he never replied. Obviously, he his not afraid of them. Any advice would be really welcome.
 
You are heading in the right direction.

Link to Law Society complaints function https://www.lawsociety.ie/Public/Complaints-against-solicitors/

This is technically improper but I would ring the insurance company directly and ask what has happened.
They do not have to talk to you and should not do so but if you just get the right person you might get useful information !.

I would write again to the solicitor setting out my exact complaints about the service.
Be very careful to adhere to what you know to be factually correct as distinct from opinion
;)
Send the letter registered post so that there is no mistake about it being received.
 
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