Solicitor Timing Issue

S

Sybil35

Registered User
Messages
13
Hi

I've just completed my 3rd switch in 3 years using same solicitor. In the most recent switch from ebs to Ulster, they drew down funds from ulster on the 3rd, got redemption figures from ebs on fri 6th, I sent balance on 6th immediately upon their request and replied via email I'd transfer balance at 1pm. (Both accounts are with aib and aib have confirmed balance was received immediately by solicitor).They didnt send the money to ebs and pay off loan until tues 10th at which point they had my ulster funds for 1 week and thus costing me double interest. I completely understand that there will be overlap but I feel they should have acted in my best interest and sent the funds to ebs on fri 6th, not 4 days later.

I've complained and they said they are a small firm and are busy with client meetings and completed the switch when they had time. Is this response acceptable? They were too busy so it cost me 4days x 30e = 120 in interest. I dont think it is!
 
elcato said:
For the sake of €120 I would let it go.
Click to expand...

If a bank didn't complete a transfer as requested and left you overdrawn on another account or on your credit card and charges for €120, would you let it go?

'We were too busy' is not an acceptable excuse. Sometimes I think some Solicitors in this Country think they are a law upon themselves and we should count ourselves lucky that they even talk to the rest of us unwashed. Delays happen. Mistakes happen. But I wouldn't be happy to be paying over €120 because someone was too busy to do their job.
 
It's not really about the money. We paid 10 days extra interest in total approx 300e. A few days overlap is completely fine but just holding on to my funds and not acting which incurs a cost, to me, seems wrong. It's the principle of not acting in my best interest as my solicitor, that's my issue. And I dont know where to go next.
 
To be clear;

solicitor requested funds drawdown from UB first, without a redemption figure from EBS. 3rd Dec.

Then they got redemption quote from EBS. 6th Dec.

The redemption figure was higher than the drawn down amount, so they had to wait for you to transfer money to them (the solicitor). This was done, so solicitor was fully in funds at some point on 6th Dec afternoon.

They didn't repay mortgage until Monday or Tuesday?
Funds were received and recorded by EBS on Tues 10th Dec.

An AIB to EBS transfer is not immediate. Unless they got it done before the cutoff, at best they would have received in on Monday. So the solicitor cost you a days interest.

At least they didn't write a cheque and put it in the post!

Sybil35 said:
We paid 10 days extra interest in total
Click to expand...
How is a week 10 days?
 
Ah come on guys. In the greater context we are talking a slight hiccup here. You sued the same solicitor 3 times which means you were happy enough with their work (and their price).
Sunny said:
Sometimes I think some Solicitors in this Country think they are a law upon themselves and we should count ourselves lucky that they even talk to the rest of us unwashed.
Click to expand...
Conversely, I think some clients of solicitors in this country think they are a law upon themselves and solicitors should count ourselves lucky that they even have customers.
 
elcato said:
Ah come on guys. In the greater context we are talking a slight hiccup here. You sued the same solicitor 3 times which means you were happy enough with their work (and their price).

Conversely, I think some clients of solicitors in this country think they are a law upon themselves and solicitors should count ourselves lucky that they even have customers.
Click to expand...

Nobody sued any solicitor! So you would let your bank away with an error that cost you €120? I bet you wouldn't and I bet there would be a whole thread here from people saying how banks cost them less than €10 due to systems error or something. But because a solicitor was too busy to complete a task, we are just supposed to go ah sure it is fine. Funds sitting in solicitors accounts for one day longer than is necessary is unacceptable. If there was a genuine delay then fair enough but 'too busy;....This post will be deleted if not edited immediately, is that the standard of service we are now accepting??

And yes any business is lucky to have customers and need to remember that. What's strange about that? The business isn't doing someone a favour. If they don't want the business or are too busy for the amount of business they have, then tell her to go somewhere else.
 
Hi Red onion yes first part all correct. I understand the mechanics and am not debating anything prior to me sending balance on the 6th. They didnt send them to EBS until the Tues 10th. EBS Recorded it on the 11th.

The 10 days was the redemption figure from EBS + 10days interest added by solicitor to cover transaction timings (all fine). The previous 2 times I have gotten money back from bank as it was over paid, not this time, well 50cent. 8 days is actually only "extra". That's fine if it's for valid reason other than we are busy, surely?

Yes I was happy first 2 times but they changed location, upped price and clearly have gotten alot busier.

I've asked this question here to understand if this is something that is considered 'acceptable' so I can decide whether to just leave it or not. And if it's a case that I should just accept it by those who have been through similar, then grand. I have been v polite in my correspondence with them and have only asked why money wasnt transferred on day they recieved it.
 
Sybil35 said:
I've asked this question here to understand if this is something that is considered 'acceptable' so I can decide whether to just leave it or not. And if it's a case that I should just accept it by those who have been through similar, then grand. I have been v polite in my correspondence with them and have only asked why money wasnt transferred on day they recieved it.
Click to expand...
Apologies if I was coming across as having a go at you. I wasn't. I'm the first to challenge anything myself. It just seems this is one I would let go given all the transactions involved by all parties here. That is my opinion nothing more.
 
elcato said:
Apologies if I was coming across as having a go at you. I wasn't. I'm the first to challenge anything myself. It just seems this is one I would let go given all the transactions involved by all parties here. That is my opinion nothing more.
Click to expand...
No not at all, happy to be told if I need to get off my horse!
 
Clearer now.

So you've no complaints about how anything was handled up to the point you transferred money on Friday?

If solicitor had immediately transferred money, EBS would have received on Monday instead of Wednesday, so you're 2 days interest out of pocket, not 4. That's the amount you're out of pocket.

I'd be of a similar view to @elcato

Unless you phoned the solicitor after you transferred the funds, and asked them to confirm receipt, you're expecting them to have someone logged into their internet banking, monitoring for receipt of your funds. But they should have dealt with it in Monday in any case.

In total you paid double interest for 8 days. I'd be upset about that, but it's the process that was followed.
 
Just a couple of things to clear up..................

1. Solicitors can't time the issue of loan funds- once everything goes in and is signed off by the lender, it can take time to issue the funds. That could be before, or after, receipt of redemption figures.
2. Solicitors can't time the date of receipt of redemption figures- we ask for them and then we get them when the lender issues them by post- they won't issue them by email or verbally on the phone.
3. Solicitors have multiple clients. While we'd like every client to feel that they are the most important client, it is just not possible to react to every single email/ fund transfer/client file instantaneously.

"I've asked this question here to understand if this is something that is considered 'acceptable' "

As a practising solicitor, I consider this timeline acceptable.

mf
 
Last edited:
mf1 said:
Just a couple of things to clear up..................

1. Solicitors can't time the issue of loan funds- once everything goes in and is signed off by the lender, it can take time to issue the funds. That could be before, or after, receipt of redemption figures.
2. Solicitors can't time the date of receipt of redemption figures- we ask for them and then we get them when the lender issues them by post- they won't issue them by email or verbally on the phone.
3. Solicitors have multiple clients. While we'd like every client to feel that they are the most important client, it is just not possible to react to every single email/ fund transfer/client file instantaneously.

"I've asked this question here to understand if this is something that is considered 'acceptable' "

As a practising solicitor, I consider this timeline acceptable.

mf
Click to expand...

Sorry but the 'too busy' line to action client funds is not acceptable. If cut offs are missed because of bank delays or client delays then fine. That happens and can be explained to a client. If a cut off is missed because the solicitors office is too busy, then it is not. I deal with client funds for a financial institution. If I miss a client instruction because 'I am too busy', do you think that's the end of it? I certainly don't leave the client 1c out of pocket. And yet for some reason, we seem to think that solicitors who could have millions of euro going through their accounts shouldn't be held to the same standards. If the solicitor came back and said we only got the funds on Friday afternoon after the cut off then fine. But to come back with the line of 'we were too busy with client meetings and we did it when we got a chance days later' is not acceptable.
 
Sunny said:
I deal with client funds for a financial institution. If I miss a client instruction because 'I am too busy', do you think that's the end of it?
Click to expand...
Good for you. Solicitors do multiple other things as well as that. The OP did not ask to compare banks and solicitors.
 
elcato said:
Good for you. Solicitors do multiple other things as well as that. The OP did not ask to compare banks and solicitors.
Click to expand...

So do banks. Seriously. I am not casting dispersions on any profession but we have heard enough stories about solicitors and client money in the past few years that it amazes me that people think that the regulations about how solicitors deal with client funds should not be strengthened to the nth degree just like any other entity dealing with customer funds. We are talking about hundreds of thousands if not millions of euro here. That anyone thinks 'We were too busy' is an acceptable response to give anyone who has trusted you with their money is staggering.

If I transfer money to my accountant so he can pay my taxes, I don't expect to be told sorry about that, I had other clients so we paid your taxes two days late for no other reason but we were too busy but sure revenue are only going to charge you €120... Is that acceptable?
 
Last edited:
Sybil35 said:
they drew down funds from ulster on the 3rd, got redemption figures from ebs on fri 6th
Click to expand...

I briefly scanned through this post, so may be off a little and don't understand fully. From what I understand, your solicitor screwed up and drew down before before they had redemption figures, and also were tardy in transferring payoff. Their schoolboy screw up in my opinion should not have to be suffered by you. If it was me I would consider, paying them their fee ex the 120Eur. Tell them that they dropped the ball and you are not liable. If it came to it they have insurance to cover these things although for such a small amount they should just shoulder it. Yes they could start making things difficult for you if you make a little noise (strangely enough deeds go missing and timings on other things go off, things come out of the woodword for further payment), but let them know you will report them to the law society for inadequate professional services:

Complaints against Solicitors

The Law Society of Ireland, as the regulatory body for solicitors, can help you if you think you have a complaint about a solicitor.
www.lawsociety.ie

Would you buy a small TV in shop somewhere, pay for it at the till, and then the casheer pushes it off the counter and breaks it only to have them say not my problem I'm busy?

To paraphrase and condense your thread question - I just got mugged and I know its wrong, do you think I should do something about it . . .

Don't let them get away with it, and for heavens sake don't use them for time #4.
 
Sybil35 said:
It's not really about the money. We paid 10 days extra interest in total approx 300e. A few days overlap is completely fine but just holding on to my funds and not acting which incurs a cost, to me, seems wrong. It's the principle of not acting in my best interest as my solicitor, that's my issue. And I dont know where to go next.
Click to expand...


If it's not about the money, why are you complaining?

20 years ago, people used to send instruction to do things by letter, it would take a number of days and people expected that. These days, people expect a reply to email within a hour or two.

The solicitors simply have a lot of clients and can't action everything immediately. It doesn't mean they disrespect you or think of you as a lesser person. It simply means they have other client work that is ahead of yours and will get to it as soon as they can.
 
Sunny said:
;)
So do banks. Seriously. I am not casting dispersions on any profession but we have heard enough stories about solicitors and client money in the past few years that it amazes me that people think that the regulations about how solicitors deal with client funds should not be strengthened to the nth degree just like any other entity dealing with customer funds. We are talking about hundreds of thousands if not millions of euro here. That anyone thinks 'We were too busy' is an acceptable response to give anyone who has trusted you with their money is staggering.

If I transfer money to my accountant so he can pay my taxes, I don't expect to be told sorry about that, I had other clients so we paid your taxes two days late for no other reason but we were too busy but sure revenue are only going to charge you €120... Is that acceptable?
Click to expand...

I don't think bankers should be throwing stones in this particular instance...
 
SBarrett said:
If it's not about the money, why are you complaining?

20 years ago, people used to send instruction to do things by letter, it would take a number of days and people expected that. These days, people expect a reply to email within a hour or two.

The solicitors simply have a lot of clients and can't action everything immediately. It doesn't mean they disrespect you or think of you as a lesser person. It simply means they have other client work that is ahead of yours and will get to it as soon as they can.
Click to expand...

The overlapping of 2 mortgages is the issue and the solicitors response. A soliciors mistake. Some mistakes cost a little money, some a lot, others get people into jail. Hence my standing of employing a good solicitor, not nesessesarly a cheap one

its pointless comparing transaction speeds of 20 years ago, the issue has happened recently. Its like saying somebody died of smallpox, but ah shur people used to die of that all the time years back

and yes the op has stated its not the money that aggrievates, but the solicitors response. You seem to somehow have tapped into the ops mind through telekenisis and are able to determine subconcious beliefs, and with such confidence to contradict the op directly on what was stated plainly.
 
You must log in or register to reply here.
Back
Top