Conveyancing Complaints: How to File and Get Results (2024 Guide)

How to file a complaint about your conveyancer

Do you know that 25% of the complaints handled by the Legal Ombudsman are from residential conveyancing and the most common causes are delay or failure to progress (21.2%), giving of poor advice (18.5%), and failure to follow instructions (15.7%). Our article will walk you through the whole process, including:

Understanding your rights and recognising poor service - don't let subpar conveyancers off the hook.
A detailed, step-by-step guide to filing a complaint - make sure your voice is heard and your issues are addressed.
Expert tips on negotiating and leveraging your position - get the best possible outcome from your complaint.

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Understanding Your Rights

Understanding your rights is necessary so you can receive the quality service you deserve during the conveyancing process.

Indicators of Poor Service in Conveyancing

What qualifies as poor service in the conveyancing process?

Poor service can include the following:

Delays in processing paperwork
Lack of communication
Errors in documentation
Failure to follow instructions
Poor advice failure
Misses deadlines
Doesn’t keep you updated
Makes mistakes that cost you time and money are signs of subpar service.

Legal Protections for Clients

In the UK, clients are well-protected by law when it comes to conveyancing services. Several regulatory bodies and codes ensure that a conveyancing solicitor provides a high-quality service.

Here are the key protections:

Legal Ombudsman and Solicitors Regulation Authority (SRA): These organisations oversee the conduct of solicitors and conveyancers to make sure they provide excellent assistance.
SRA Code of Practice: This sets the professional standards that solicitors must follow to provide ethical and competent service.
Consumer Protection Regulations in Conveyancing: These regulations safeguard your rights and allow you to receive fair treatment and transparency throughout the process.
Council of Licensed Conveyancers (CLC) Code of Conduct: This code outlines the expectations for professional behavior and service for licensed conveyancers.
CLC Code for Handling Complaints: This specific code guarantees that any issues are dealt with efficiently and fairly.

Conveyancers must also have professional indemnity insurance, which means they're covered for any financial losses if they make mistakes or are negligent in their services.

If you experience poor service, including conflict of interests, these bodies can investigate and take action. You deserve a service that meets professional standards, and if it doesn't, you have the right to seek compensation.

Time Limits for Filing Complaints

Timing is essential when it comes to filing complaints about conveyancing.

Document everything and keep a record of communications, as these will be required if you need to escalate your complaint to the Legal Ombudsman or the SRA.

The CLC's code for handling complaints also outlines specific timelines and procedures, so familiarising yourself with these guidelines allows you to experience a smooth and effective process.

You should raise your complaint within six months of realising there’s a problem.

Preparing to File a Complaint

Ready to file a complaint? Here are the things you need to know:

Documenting the Issues

Keep a detailed record of all the problems you’ve encountered, including:

Dates
Times
Descriptions of each issue

This helps provide a clear timeline and context for your complaint.

Note down every instance of poor service, such as:

Missed deadlines
Lack of communication
Errors in documentation
Any unprofessional behaviour

A well-documented account will make demonstrating the pattern of poor service easier.

Gathering Evidence

Collect evidence supporting your complaint and show the problems you’ve encountered. Evidence can include:

Copies of emails and letters showing communication breakdowns or delays
Contracts and agreements that were not honoured
Notes from phone calls, including dates and summaries of discussions
Any financial records showing additional costs incurred due to the conveyancer’s mistakes

Tip: Organise your evidence chronologically and create a summary document that highlights key points. This makes it easier for investigators to understand the sequence of events and the impact on your case.

Failure to gather proper evidence may hinder the complaint process, especially if the legal Ombudsman is involved.

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Setting Realistic Expectations

Understand what outcomes are reasonable to expect from your complaint. This may include:

A formal apology
Correction of errors
Compensation for any financial losses

Understanding what's achievable will help you stay focused and realistic throughout the complaint process. Here are a few things to keep in mind:

Not all complaints end with compensation, so setting your expectations accordingly is good.
Sometimes, the resolution might involve fixing the issues rather than offering financial reimbursement.
Remember, the process can take some time, so a bit of patience will be necessary.

For more detailed guidance on the complaint process and additional resources, visit the Law Society's website here.

Step-by-Step Guide to Filing a Complaint

Now that you clearly understand your rights and have prepared your documentation let us dive into the heart of this article: filing your complaint.

Initial Communication with Your Conveyancer

Start by talking directly to your conveyancer about your concerns. Proper, direct communication can often resolve issues quickly.

Be clear and to the point about your problems, and share any relevant documents. This step is key because it shows you’ve given the conveyancer a chance to fix things before taking it further.

Escalating to the Firm's Complaint Department

If talking to your conveyancer doesn’t resolve the issue, you should take your complaint to the firm’s complaint department.

Most firms have a formal complaints process. Ask them for the details and follow it closely. Also, make sure to include any documentation that shows your previous communications with your conveyancer.

Writing an Effective Complaint Letter

A well-crafted complaint letter can make a significant difference. Here’s a template to help you get started:

[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]

[Conveyancing Firm’s Name]
[Firm’s Address]
[City, Postcode]

Dear [Conveyancer's Name/Firm’s Complaint Department],

I am writing to formally complain about the conveyancing services provided by your firm in relation to [property address or case reference number].

Despite my attempts to resolve this matter informally, I have encountered the following issues:

Issue 1: [Describe the first issue in detail, including dates and any impact it had on you.]
Issue 2: [Describe the second issue in detail, including dates and any impact it had on you.]
Issue 3: [Describe the third issue in detail, including dates and any impact it had on you.]

I have attached copies of relevant documentation supporting my complaint, including [attached documents, such as emails, contracts, and notes].

I request that you [state your desired resolution, such as a formal apology, correction of errors, or compensation]. I would appreciate a response within [reasonable timeframe, e.g., 14 days] addressing these concerns.

Thank you for your attention to this matter.

Yours sincerely,
[Your Name]

Following Up on Your Complaint

After sending your complaint letter, you can follow up if you do not receive a response within a specific period.

Send a polite reminder via email or phone, restating your concerns and the timeline for a response. Being persistent is important, but always stay courteous.

Tips and Expert Advice

Be organised: Keep a well-organised file of all correspondence and documents related to your complaint.
Stay calm and professional: Maintain a calm and professional tone in all your communications. This helps in being taken seriously.
Seek external help if needed: If the firm does not address your complaint satisfactorily, consider seeking help from the Legal Ombudsman or the Solicitors Regulation Authority.
Know your rights: Familiarise yourself with the SRA Code of Practice, Consumer Protection Regulations, and the CLC Code of Conduct and Complaint Handling Code. Knowing your rights can empower you during the complaint process.

Complaining About Conveyancing Solicitors

When complaining about conveyancing solicitors, there are some specific things to consider and steps to follow. Knowing these details can help you navigate the process more smoothly.

The Role of the Solicitors Regulation Authority (SRA)

The Solicitors Regulation Authority (SRA) is the regulatory body overseeing solicitors in the UK.

If you have a complaint that cannot be resolved directly with the solicitor or their firm, the SRA can investigate and take action. The SRA’s role includes:

Investigating breaches of professional standards,
Taking disciplinary action against solicitors who fail to meet required standards, which may involve referring cases to the Solicitors Disciplinary Tribunal,
Providing guidance on ethical and professional behaviour.

Tip: Familiarise yourself with the SRA's Code of Conduct to understand the specific standards solicitors are required to uphold.

How are the Processes Different?

The process for complaining about solicitors differs slightly from that for licensed conveyancers.

While both solicitors and licensed conveyancers must adhere to high standards, the regulatory bodies and specific procedures vary:

Solicitors: Complaints about solicitors are typically forwarded to the SRA if not resolved at the firm level. The SRA handles complaints related to ethical breaches, professional misconduct, and inadequate service.
Licensed conveyancers: The Council for Licensed Conveyancers (CLC) handles complaints about licensed conveyancers. The CLC oversees licensed conveyancers and has a specific code for handling complaints and issues, so they are addressed efficiently and fairly.

Understanding these differences helps you follow the correct procedures and approach the appropriate regulatory body when filing a complaint. This will also help reduce stress and save time and effort during the process.

When to Involve the Legal Ombudsman

The question you might have now is: When should I involve the Legal Ombudsman?

Here’s what you need to understand about the Ombudsman’s role and the process for approaching them.

What is the Role of the Legal Ombudsman?

The Legal Ombudsman is an independent body that handles complaints about legal services in England and Wales. They help clients receive fair treatment and address any issues where a legal service provider has fallen short.

The Legal Ombudsman can:

Investigate complaints
Make recommendations
Award compensation if necessary

You can check the legal Ombudsman website here: https://www.legalombudsman.org.uk/

Criteria for Approaching the Ombudsman

Before approaching the Legal Ombudsman, certain criteria must be met:

Exhaust internal procedures: You must first attempt to resolve your complaint directly with your conveyancer or their firm. The legal firm should have a complaints procedure in place.
Time limits: You should approach the Legal Ombudsman within six months of receiving a final response from your conveyancer or within six years of the problem occurring (or three years from when you should reasonably have known there was a cause for complaint).
Grounds for complaint: The complaint must relate to the service provided by the conveyancer, such as poor communication, delays, errors, or professional misconduct.

The Ombudsman’s Complaint Process

If you decide to involve the Legal Ombudsman, the process typically follows these steps:

Initial contact: Submit your complaint to the Legal Ombudsman through their online form, by phone, or in writing. Provide all relevant details and documentation.
Assessment: The Ombudsman will assess whether your complaint meets the criteria for investigation. If accepted, they will notify both you and the conveyancer.
Detailed formal investigation: An investigator will be assigned to your case. They will gather information, speak with both parties and review the evidence.
Resolution: The investigator will propose a resolution based on their findings. This could include a formal apology, correction of errors, or financial compensation.
Final Decision: If the proposed resolution is accepted by both parties, it becomes binding. If not, a final decision is made by an Ombudsman, which can also be binding.

Be proactive in communicating with the Ombudsman and immediately provide any additional information or documents they request to help speed up the investigation process

Strategies for Getting Results

Using effective strategies can significantly improve your chances of achieving a positive outcome.

Here are some key techniques and tips to help you get results.

Effective Communication Techniques

Clear and effective communication is crucial when filing and following up on a complaint. Here are some tips:

Be clear and concise: Clearly state the issues and what you expect as a resolution. Avoid long-winded explanations; stick to the facts.
Stay professional: Maintain a polite and professional tone, even if you’re frustrated. This helps in being taken seriously.
Document everything: Keep a record of all communications, including emails, letters, and phone calls. This documentation can be invaluable if you need to escalate your complaint.

Negotiation Tips

Negotiation is another key part of resolving complaints. Here are some strategies to help you negotiate effectively:

Know your goals: Before entering negotiations, know exactly what you want to achieve.
Be prepared to compromise: Understand that you may need to compromise to reach a resolution. Identify which aspects are most important to you and where you can be flexible.
Stay calm and patient: Negotiations can be frustrating, but staying calm and patient can help keep the process productive and focused on finding a solution.

Understanding Your Leverage

Knowing the leverage you have can strengthen your position in a complaint process:

Regulatory bodies: Mentioning that you are prepared to escalate the matter to the Legal Ombudsman or the Solicitors Regulation Authority (SRA) can sometimes prompt a quicker resolution.
Consumer rights: Familiarise yourself with your rights under the SRA Code of Conduct, Consumer Protection Regulations, and the Council for Licensed Conveyancers (CLC) Code of Conduct. Knowing your rights can help you argue your case more effectively.
Public reviews: Conveyancing firms often rely on their reputation. Politely mentioning that unresolved issues might lead to negative reviews can sometimes encourage quicker action.

Potential Outcomes and Compensation

Here are the possible outcomes and types of compensation you might receive.

Types of Resolutions Offered by Firms

Conveyancing legal firms may offer various resolutions to address your complaint. These can include:

Formal apology: A written or verbal apology acknowledging the issues and expressing regret.
Correction of errors: Rectifying any mistakes made during the conveyancing process, such as redoing paperwork or correcting legal documents.
Service improvement: Measures to improve communication or expedite any remaining processes.

Tip: Before agreeing to a resolution, consider if it fully addresses all your concerns, and don't hesitate to negotiate for additional solutions if needed.

Compensation: What You Might Be Entitled To

You may be entitled to compensation if the poor service has caused you financial loss. This can cover:

Financial losses: Reimbursement for any direct financial losses incurred due to the conveyancer’s errors, such as extra legal fees, costs of correcting mistakes, or additional expenses related to delays.
Distress and inconvenience: Compensation for the stress and inconvenience caused by the poor service. While harder to quantify, this type of compensation acknowledges the impact on your well-being and time.

Non-Financial Remedies

In addition to financial compensation, there are non-financial remedies that can also provide satisfactory resolution:

Improved service: Ensuring that the rest of your conveyancing process proceeds smoothly and efficiently with better service standards.
Training and policy changes: The firm may implement new training programs or policy changes to prevent similar issues from occurring in the future.
Alternative Dispute Resolution (ADR): Engaging in mediation or arbitration to resolve the complaint outside of formal regulatory bodies. This can lead to a quicker and mutually agreeable solution.

Preventing Future Conveyancing Issues

So how can you prevent future conveyancing issues? Let's dive deep!

Red Flags to Watch for When Choosing a Conveyancer

Selecting the right conveyancer is crucial. Be on the lookout for these red flags:

Lack of communication: If a conveyancer is slow to respond or difficult to contact during initial inquiries, it may indicate future communication issues.
Negative reviews: Check online reviews and testimonials. Consistent negative feedback about delays, errors, or poor service should be a warning sign.
Unclear fees: Be wary of conveyancers who are not transparent about their fees or provide vague estimates. Clear, upfront pricing is essential to avoid unexpected costs.
No professional accreditation: Ensure the conveyancer is accredited by relevant professional bodies, such as the Solicitors Regulation Authority (SRA) or the Council for Licensed Conveyancers (CLC).

Questions to Ask Before Hiring

Before hiring a conveyancer, ask the following questions to gauge their suitability:

What are your qualifications and accreditations?
What is your experience with similar cases?
Can you provide a detailed fee structure?
How will you communicate with me throughout the process?
What is your process for handling delays or issues?

Importance of Clear Communication Throughout the Process

Clear and consistent communication is key to a successful conveyancing experience. Here’s why:

Keeps you informed: Regular updates ensure you are aware of progress and any issues that arise.
Builds trust: Open communication fosters trust and a good working relationship with your conveyancer.
Prevents misunderstandings: Clear communication helps avoid misunderstandings and ensures everyone is on the same page.
Facilitates prompt resolution: If problems occur, effective communication enables quicker identification and resolution.

Final Thoughts & Key Takeaways

Navigating the process of filing a complaint about residential conveyancing services can be challenging, but understanding your rights and following the correct steps can help ensure a fair resolution.

Here are the key takeaways to remember:

Know your rights: Familiarise yourself with the standards and protections provided by the Solicitors Regulation Authority (SRA), the Council for Licensed Conveyancers (CLC), and consumer protection regulations.
Document everything: Keep thorough records of all communications and issues encountered during the conveyancing process.
Communicate effectively: Maintain clear, professional, and concise communication with your conveyancer and any regulatory bodies.
Follow the proper channels: Start with your conveyancer's internal complaints procedure, then escalate to the appropriate regulatory body, such as the Legal Ombudsman, if necessary.
Be prepared: Understand the possible outcomes, including financial compensation and non-financial remedies, and set realistic expectations for the resolution.
Prevent future issues: Choose your conveyancer carefully by watching for red flags, asking relevant questions, and ensuring clear communication throughout the process.

By being proactive, informed, and prepared, you can effectively address and resolve any issues with conveyancing services, ensuring a smoother and more satisfactory experience.

Frequently Asked Questions about Conveyancing Complaints

1How do I complain about a solicitor in the UK?

To complain about a solicitor in the UK, first, follow their internal complaints procedure, and if unresolved, escalate it to the Solicitors Regulation Authority (SRA) or the Legal Ombudsman.

2How long does the complaint process typically take?

The complaint process typically takes several weeks to a few months, depending on the complexity of the case and the responsiveness of the parties involved.

3Can I switch conveyancers mid-transaction if I'm unhappy?

Yes, you can switch conveyancers mid-transaction, but be aware of potential delays and additional costs.

4What if my conveyancer refuses to engage with my complaint?

If your conveyancer refuses to engage with your complaint, escalate it to the Legal Ombudsman for further assistance.

5Are there any costs involved in filing a complaint?

Filing a complaint with the Legal Ombudsman is free of charge.

6How do I complain about an estate agent in the UK?

To complain about an estate agent in the UK, follow their internal complaints process and if unresolved, contact The Property Ombudsman or another relevant redress scheme.

7Who regulates conveyancers in the UK?

Conveyancers in the UK are regulated by the Council for Licensed Conveyancers (CLC).

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