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  4. Hendrie Legal FAQs

Hendrie Legal FAQs

4th April 2023 | Law Society news

Hendrie Legal has ceased to practice. A Judicial Factor has been appointed to access all of the files, documentation and the client account. We understand this is a very worrying time for clients of the firm and the JF team will be working as quickly as possible to assess and address the situation to protect clients.

If you are a member of the public or member of the profession affected by the closure of Hendrie Legal, please see the information below.

For clients

I need my file/information from my file

All the files, wills, deeds and papers held by the former company are now under the control of the Judicial Factor.

If you need to have your file passed to another firm of solicitors, you and your new solicitor should complete a mandate form, sign it, scan it and send to enquiry@judicialfactor.org.uk.

You should send the hard copy to the address below. 

Judicial Factor’s Office
c/o the Law Society of Scotland
Atria One,
Level 2,
144 Morrison Street,
Edinburgh,
EH3 8EX

Please read our information sheet for further guidance.

If you are able to email submit a scanned copy of the signed mandate, it may enable us to source the paperwork ahead of receiving the original form and speed up the process.

We are working to inventory all the files held in the office which may mean there is a delay initially before the file is located. However, please let us know if the matter is urgent.

 

I want to recover a will/title deeds

Wills and deeds recovered from Hendrie Legal's office are now being held in storage by the Judicial Factor.

If you wish to recover a will, complete a mandate form and send to enquiry@judicialfactor.org.uk along with the name and address of the person who made the will.

If you wish to recover a title deed complete a mandate form and send to enquiry@judicialfactor.org.uk along with the name of the owner and property address. If you have an outstanding mortgage on your property, we may need to obtain the consent of your lender, before we are able to release the deeds to you. Consequently, there may be a delay in sending these documents.

If the matter is in joint names, both parties should sign the mandate.

Please read our information sheet for further guidance.

We aim to deal with these requests within 15 working days.

I paid money to the former firm and need it back

The money which was held by Hendrie Legal Limited on behalf of clients is now under the control of the Judicial Factor.

We will be unable to release funds without a formal written request. You should complete and sign a claim form and post along with ID or certified copy ID to the judicial factory team at the address provided on the form. If the funds are held in joint names, both parties require to sign the claim form and provide separate ID.

If you are able to email a scanned copy of the signed mandate and ID document to enquiry@judicialfactor.org.uk, it may enable us to source the relevant transaction ahead of receiving the original documents and speed up the process.

If there is difficulty in matching the claim to payments received to the former firm’s account, we may need to request evidence of payments, such as a bank statement.

I paid a fee to the former fee and want it back

If your claim relates to money paid for fees, the Judicial Factor will review the work carried out by the firm and discuss this with you to establish the sum to be repaid, if any.

 

I have incurred costs as a result of the closure of the firm

The Judicial Factor is not in a position to meet any costs incurred. However, the former company has professional indemnity cover. You should contact the judicial factory team on enquiry@judicialfactor.org.uk to explain what costs have been incurred. The team will then refer the claim to the insurers if appropriate..

I have an outstanding invoice due for payment by the firm

Creditors should read the information sheet before completing the Creditor Claim form and emailing it to enquiry@judicialfactor.org.uk.

You can post the original form to the following address.

Judicial Factor’s Office
c/o the Law Society of Scotland
Atria One,
Level 2,
144 Morrison Street
Edinburgh,
EH3 8EX

Telephone: 0131 476 8195
Textphone: 0131 476 8359
Fax: 0131 225 2934
DX address: DX ED 1, Edinburgh

Can I make a complaint about the firm now that it is closed?

You can make a complaint about a firm which is no longer trading or a solicitor who is no longer practising.

The Scottish Legal Complaints Commission(SLCC) is the gateway for all complaints about Scottish solicitors and you can find out more about how to raise your complaint on the SLCC website.

Please note, the SLCC has time limits for accepting complaints, and again, you can find out more online.

For members of the legal profession

I need to recover my client's file, will or deed

Files are now being held in storage by the Judicial Factor. If you need to recover a file, please complete a mandate form, sign, scan and send to enquiry@judicialfactor.org.uk. Please send the hard copy to the address below. 

Judicial Factor’s Office
c/o the Law Society of Scotland
Atria One,
Level 2,
144 Morrison Street,
Edinburgh,
EH3 8EX

Please read our information sheet for further guidance.

If you are able to email a scanned copy of the signed mandate to enquiry@judicialfactor.org.uk It may enable us to source the paperwork ahead of receiving the original form and speed up the process.

We are working to inventory all the files held in the office which may mean there is a delay in the initial stages before the file is located. However if the matter is urgent, please let us know.

I have an unimplemented letter of undertaking/obligation

Hendrie Legal Limited has ceased practice. There is no-one in a position to implement a letter of obligation or undertaking and the Judicial Factor cannot carry out legal work for clients or lenders.

If the issue relates to a discharge the seller has, through their solicitor, agreed to have the security discharged. However where a transaction has already settled, it is rare for a seller in these circumstances to instruct new agents to do discharge the security. Generally the quickest way to resolve the issue is for the purchaser’s agents to ask the lender if they will provide an executed discharge which the purchaser’s agents will then register.

Lenders will often request a mortgage account number to deal with these enquiries and unfortunately, we have no quick way to access this information. Some lenders may instruct their own legal agents. This information can be provided by contacting the Interventions team on enquiry@judicialfactor.org.uk

If the lender will not deal with the discharge request without the mortgage account number, explaining the issue to the lender’s legal department or panel solicitors may assist.

If you wish to reclaim the cost of this remedial work, this should be referred to the judicial factory team on enquiries@ljudicialfactor.org.uk

I have incurred costs as a result of the closure of the firm

The Judicial Factor is not in a position to meet any costs incurred. If you wish to reclaim the cost of this remedial work, this should be referred to the judicial factory team on enquiry@judicialfactor.org.uk    

I have an outstanding invoice due for payment by the firm

Creditors should email enquiries@ljudicialfactor.org.uk and a claim form will be sent out by the judicial factory team.

Judicial factory team email: enquiry@judicialfactor.org.uk

Postal address
Judicial Factor’s Office
c/o the Law Society of Scotland
Atria One,
Level 2,
144 Morrison Street,
Edinburgh,
EH3 8EX

Telephone: 0131 476 8195
Fax: 0131 225 2934
DX address: DX ED 1, Edinburgh

JF Mandate
JF Mandate
Download JF Mandate File
JF Mandate Information Sheet
JF Mandate Information Sheet
Download JF Mandate Information Sheet File
JF Client Claim Form
JF Client Claim Form
Download JF Client Claim Form PDF

When firms close down or are in trouble

We assist clients where a solicitor has ceased trading without making arrangements for their clients, or it's found that a firm's accounting records have not been kept properly.

Read more about When firms close down or are in trouble

Client Protection Fund

The Client Protection Fund exists to protect clients who have lost money because of the dishonesty of a solicitor or a member of their staff.

Read more about Client Protection Fund

How solicitors are insured

We arrange professional indemnity insurance known as the Master Policy for all Scottish solicitors in private practice. Clients can get advice about negligence claims from the Pursuers' Panel.

Read more about How solicitors are insured
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