Additional costs

Q I recently transferred my existing mortgage to a new lender, using the new lender's solicitors. As part of the process I asked that my partner's name be added to the loan and title deeds, for which I paid an additional sum to the solicitors for this transaction.

The transaction was completed at the beginning of March. However, the solicitors have now written to me stating that I have to pay ?680 on Stamp Duty, although when I specifically asked them about any additional costs or fees prior to the transfer, they failed to advise me of this.

Having questioned them subsequently, they now state that they didn't realise that a particular exemption no longer applied in such cases.

While I appreciate that I am liable to pay this amount, are they obliged to pay me compensation for their error?

LR

A In order to bring a claim for professional negligence against your solicitors you have to show not only that they were at fault but also that you are out of pocket. Although your solicitors made a mistake and were therefore negligent, you would have had to pay the stamp duty anyway so you are not worse off.

It would be different if you would not have gone ahead with the transaction if you had been correctly advised about the stamp duty. In these circumstances you could argue you have been forced to stump up for an additional cost you would not have been prepared to pay. And the solicitor could then be required to compensate you for their mistake.

Try and sort out your problem with the solicitors by writing to the senior partner of the firm. If that doesn't solve the problem, complain to the Office for the Supervision of Solicitors. If they find the service you received from your solicitor was poor they can tell your solicitor to correct a mistake and pay any costs involved. If you are not happy with the way the OSS deals with your complaint you can go to the Legal Services Ombudsman.