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complaint about my solicitor

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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monika2013
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Posts: 6
Joined: Mon Dec 31, 2012 2:11 pm

complaint about my solicitor

Post by monika2013 » Mon Dec 31, 2012 2:48 pm

Hi All,

My permanent residency under the EEA regulations 2006 was rejected and my hearing in front of the 1st Tier Tribunal was scheduled to take place shortly after I was informed of the UKBA's refusal. I also noticed that the UKBA had not returned all my documents which were necessary to be included in the appeal bundles to the UKBA and the tribunal. I therefore asked my solicitor to apply to have my hearing delayed. He did it, but the hearing was delayed only for a week.

He then applied for a further delay reason being that my GP would be away for a while and would not return to the UK to provide me with an updated medical note. The hearing was then delayed. He did not inform me of this prior to his writing to the tribunal. I was shocked when seeing this in the judge's determination letter as my GP had not been away at all. He just made up the story.

I lost my appeal, and I am not happy with what my solicitor had done, i.e, I had not been informed the reason of applying for a further delay for the hearing. I had every right to know and even made the decision about what I wanted him to say. He is a partner of the law firm. There is also a senior partner in his firm. Shall I complain to the senior partner or the law society?

In addition he is very lazy. In fact It was I who prepared for my witness statement, hearing bundles et all. He charged my by per-using the documents I had prepared, such as my witness statement and liaised with the barrister et all. He charged me on an hourly rate basis + 20% VAT. I also had to pay the barrister separately. Even on the hearing date my barrister said that my solicitor was very passive.

Do I have to pay a VAT for the legal fee? The purpose of making such a complaint is to have partial of the fees I have paid refunded.

Any thoughts and suggestions?
Thanks

,

ccccp
Newly Registered
Posts: 26
Joined: Fri Feb 25, 2011 1:36 am

Terrible story

Post by ccccp » Tue Jan 01, 2013 4:36 pm

Hi
Terrible story !!
I have no much expert but I think the way to get your money back is take him to court and prove it he been acting outside of you instruction which will be difficult as you delay hearing in the past.
There is always a second tier Tribunal .You can always write complain to regulatory authority (he must be a member of) and/or speak to him to try to settle all quietly. I been to similar situation and exactly know how you feel.
Good luck !!

monika2013
Newly Registered
Posts: 6
Joined: Mon Dec 31, 2012 2:11 pm

Post by monika2013 » Tue Jan 01, 2013 6:56 pm

Thanks for your reply. Did you manage to settle the issues with your solicitor or did you have to complain about it to the legal authority to get part of your fees back?

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Tue Jan 01, 2013 9:27 pm

Why not ask your solicitor's firm about their complaints procedure?

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Jan 02, 2013 12:03 am

Smooth seas do not make skilful sailors

ccccp
Newly Registered
Posts: 26
Joined: Fri Feb 25, 2011 1:36 am

Post by ccccp » Wed Jan 02, 2013 1:40 pm

monika2013 wrote:Thanks for your reply. Did you manage to settle the issues with your solicitor or did you have to complain about it to the legal authority to get part of your fees back?
I did not get any fee back

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