If you are not satisfied with the service provided by the conveyancing lawyer dealing with the sale or purchase of your home, you can file a complaint. Stephen Ward explains what steps you need to take
As much as we all hope so buying or selling our house will be a smooth process. Unfortunately, problems can sometimes arise.
In December last year, the Legal Ombudsman (LeO), a free and impartial service that investigates complaints about lawyers in England and Wales, was told by the Office of Legal Complaints (OLC) to focus on tackling the backlog of cases and the reduction of the legal ombudsman. average waiting times for customers in the future.
Although CLC-regulated companies generate only 4% of complaints handled by LeO, these delays are unacceptable, and we have previously called for action – such as outsourcing work – to reduce the backlog.
While the Ombudsman insists it is making progress in tackling the backlog of customer complaints, it is more important than ever that consumers take all possible steps to prevent problems from arising.
Reason for complaint? Here’s the first step
It is important to note that the vast majority of transactions go smoothly and without any problems. However, if you encounter a problem, chances are it is related to communication, advice, behavior or other issues cost.
In the first instance, we recommend that you raise the matter with the carrier that handled your transaction. It is best to address any issues as early as possible to prevent the situation from escalating. For the sake of clarity and to record how and when you raised your concerns, it is best to do this in writing, via email or post, making it very clear that you are making a complaint.
If you have not heard from your carrier within a timeframe you consider reasonable, or if you have and are not satisfied, the next step is to write to the practice. Every office should have its own complaints procedure and in larger organizations this can be a permanent point of contact. It should be part of the information you receive from the company when you first order it, and it should also be available on the company’s website.
When writing, you should ask for confirmation that your complaint has been received and how long you can wait before receiving a response. This may vary, but the industry standard is one week for confirmation and 28 days for response/resolution.
What happens now?
Hopefully your complaint will be handled satisfactorily by the office. However, if you feel that the response has not addressed your concerns, you can escalate your complaint. For complaints about services (about delays, lack of information, poor service in general) you should contact the Legal Ombudsman. For more serious matters about the conduct of an individual conveyancer or firm, please contact the relevant regulator, the CLC or the Solicitors’ Regulation Authority (SRA).
Before you can escalate the matter to LeO, you must have filed a complaint with the relevant carrier or practice and received a response.
You must ensure that you have all relevant details such as names, dates and details of your correspondence clarifying your instructions, details of the complaint made and any losses you may have suffered as a result.
Regulators such as the SRA or the CLC deal with complaints about your attorney’s honesty or ethics that may violate our Code of Conduct. These can include losing your money, acting dishonestly when giving advice,
Stephen Ward, CLC
continue to act for you despite a conflict of interest, or discriminate against you on the basis of age, disability, gender, sexuality or any other protected characteristic.
We will always acknowledge initial receipt of your issue and aim to respond formally within 28 days. The CLC monitors regulated carriers to ensure issues like the above are kept to a minimum, but if you do need to complain we want to make it as fair and clear as possible.
Stephen Ward is director of strategy and external relations at the Council for recognized transporters