Solicitor, Ombudsman, Negligence Claim or Nothing

Im after some advice where possible...a bit of a long winded one!!

I entrusted a solicitor with my divorce proceedings in 2009 dismissing them in 2012 as I believed I was not receiving a good service.

Since 2012 there has been complaints etc with the firm and via the Ombudsman. The firm standing their ground not taking any responsibility for for negligence and for my loss of £22K and blaming lack of co-operation from the ex. Which I informed them all along would play silly buggers!!!

Anyway after various complaints the last being a delay in 18 months for my final bill, I was awarded £300 for the distress of not receiving this and was finally after 2 years of trying advised by the Ombudsman I could collect a copy of my file, which the firm had delayed.

When collecting my file it appears the firm had copied me internal emails and notes which I now believe show their negligence in my case. One email in Nov 13 actually states they had my file and another clients file mixed up as they thought we were the same person, it took them 7 days backwards and forwards with emails to figure out this was two separate clients, they then said OH boy these files are a mess!!

Another example is when they responded to my complaint regarding not receiving my file in Dec 13. They stated that they had informed me in 2012 that my file was a ready for collection, yet their emails in Nov 13 clearly shows two files were mixed up so couldn''t possibly be ready for me to collect. This email also give detail on the other lady re her divorce details, orders etc. Canny breach of data protection. This also now gives me questions over the bill if files were mixed up.

Another internal email shows approx 15 documents missing from my file, these are still missing......the list goes on and on!! I obviously wasnt meant to receive these!!

My question is what best to do from here? Do I contact the solicitor and advise I have some information which I believes prove they are negligent and ask for their comments. Do I contact the Ombudsman and tell them that I believe the firm have withheld info from them. Contact the SRA or see a no win no fee Negligence solicitor or just give up the battle since May 12?


I''ve had 2 complaints with the Ombudsman, choosing not to accept the first offer in 2012 as I strongly believed a negligence claim and the case was closed. I accepted £300 just for delay in receiving my final bill, my response to the Ombusman was to accept the £300 in relation to the bill but reserved the right to seek further legal advice on other matters should I deem this necessary!!

Do not know what do do for the best!

Why are you unhappy with the divorce financial settlement?

To prove negligence there has to be loss - what loss has been suffered?

If you went to the Ombudsman in the first instance to claim negligence they would have directed you elsewhere as negligence is not an issue with which the Ombudsman deals.

There is a world of difference between incompetence and negligence although the former often leads to the latter.

Charles

I lost £22,000 and went to Ombudsman they wouldn''t deal with negligence as you have suggested but found the solicitor was at fault with a 2 year delay in the final bill.

My main concern was to get the bill so this could be paid and I could get my file as I knew if I got this I could prove something was amiss.

Now having my file I have found internal emails that show that firm didn''t know who I was, got my file mixed and with another person thinking we were the same. Thats just for starters, they have also included confidential information belonging the other person as they thought we were the same. This is all in black and white, obviously I wasnt supposed to have copes of these when I collected my file.

Now I have this I believe this shows they lied/held back info from the Ombudsman and also lied to me regarding the handling of my file/case.

This has been on-going since 2012 and the firm have been smug about having answers for everything, they did everything by the book, delays were my ex''s, they did no wrong and now I have some evidence that shows they did and dont know what to do with it!!

The issues that you have listed are service issues.

What negligent work caused you to lost £22k? If you direct your focus towards this you may be able to make a case against your former solicitor.

Charles