The last thing that anyone wants is problems or issues with their conveyancer. With that being said, sometimes problems are unavoidable. In situations like this, it’s crucial that you know how to bring up your concerns and resolve your issues. This is easier said than done, as not everyone is knowledgeable about this subject. To help you out, we thought it would be useful to put together a brief run-through of everything you need to know about what to do if you ever find yourself in this situation. If this is something that you want to learn more about, read on as we break down everything you need to know about making complaints and resolving conveyancing issues.
How Do You Make Complaints?
If you have a dispute with your conveyancer, you might be nervous about filing a complaint. They are in the business of the law and have access to expert support, so it’s understandable if you might feel a little intimidated. However, this can be quite manageable if you know what you’re doing.
While conveyancers know more about the law, the good news is that, as a consumer, you have rights. Solicitors and licensed conveyancers must abide by codes of practice, so they must act in your best interest.
Complaints about these codes may be reported to regulatory boards:
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Solicitors Regulatory Authority Code Of Practice
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Consumer Protection Regulation in Conveyancing
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Council of Licensed Conveyancers Code of Conduct
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Council of Licensed Conveyancers Code for Handling Complaints
What Is the Conveyancing Complaints Procedure?
Putting in a complaint can be rather tedious and confusing. This is doubly true if you don’t have any prior experience doing this. And while it can be rather intimidating, it’s not something that you won’t be able to manage as long as you know what you’re doing.
The first thing you want to do is to complain directly to the firm. Again, make sure that your initial complaint is with the company regardless if they are a solicitor or a licensed conveyancer. Once your complaint is made, the firm will process it. This differs between firms as each firm has its own internal complaint procedure. If everything goes well, the firm should be able to resolve your issues. However, if they aren’t able to provide a suitable solution, you will need to take this even further.
If you need to escalate your complaint, then it’s best to approach a governing body. When escalating a complaint, make sure to identify whether you have worked with a solicitor or a licensed conveyancer. While this may not seem like a significant difference, the steps that you need to take will differ wildly. It’s also important to be clear about what your complaint is all about and whether you want to protest poor customer service, an elevated bill, dishonesty, or not abiding by codes of conduct and legal principles. When escalating your complaint, make sure to provide the name of the person who you worked with, the company they belong to, what you had asked the person to do, the date which the work was accomplished, and the information about what went wrong.
If you are not satisfied with the way your conveyancing provider deals with complaints, it may be time to escalate the matter. Luckily, the Legal Ombudsman can help. They can also help if you are charged too much or given unclear costs.
Who Are the Legal Ombudsman?
The Legal Ombudsman is an independent body that operates in England and Wales and is not part of the legal profession. The Ombudsman’s services are paid for by insurance companies, which means they will be provided free to you if you ever need them.
When considering whether to file a complaint with the Office of the Ombudsman, it’s important to remember that they can deal with the matter in a fair, objective way. The Ombudsman is not supposed to ‘take sides’. Instead, they are supposed to listen to your complaints and take action when the appropriate and deserved measures are called for. They don’t offer legal advice and can’t represent clients in court or help if you file your complaint out of time, but they can make sure that you don’t suffer any serious consequences as a result of what happened.
The Ombudsman can also only look at issues relating to customer service that are set out in the ‘Scheme Rules’, which include complaints about things such as cost-related information, repeatedly not returning your calls, emails or letters, or not releasing documents you need, not advising you of something material to the success of the transaction, failing to complete work instructed to the timescales required, and not keeping you up to date about what’s happening in your purchase or sale. The Ombudsman will even consider cases relating to companies or individuals that wouldn’t respond to or process your complaint. The Ombudsman will take on issues relating to confidentiality agreements or even criminal activity.
What Are Timescales?
If you’re considering filing a complaint, you need to know that there are time restrictions and you can’t file ad infinitum. These are the three main criteria that your case needs to meet:
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The problem occurred after 5th October 2010.
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The problem is referred to the Legal Ombudsman within either six years after it occurred or within three years from when you found out about the issue.
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You have to go through the firm’s complaints procedure first, and then you have six months to refer the complaint to the Ombudsman.
Conclusion
We hope this article proves to be useful when it comes to helping you figure out what to do if you ever have any conveyancing issues. While this whole experience may seem daunting, it’s not something that you won’t be able to accomplish as long as you take the time to further your knowledge on the subject and make the necessary preparations. Be sure to keep everything you’ve learned here in mind so that you can make the most informed decisions regarding your conveyancing issues.
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