Cheated by My House Conveyancer [SOLVED - Banks Solicitors]

hashtagbargain on 03/09/2015 - 17:17
Last edited 28/11/2017 - 18:33 by 1 other user

Hi bargainers,

It is with regret that I come to you with the problem I've run into.

In few words - I settled on a house last year and found a conveyancer on my behalf on google. I was eligible for the first home owners duty reduction (40%). The conveyancer in his letters to me says he's paid the full amount ($20,930) and asked me to wait an year (was told those were the rules to claim later). I recently reached out to the SRO and discovered that he has paid only the discounted amount($10,752), while he took the full amount from me.

Now when I try to reach the guy, his phone is disconnected! I dont know what to do :( Any tips would be appreciated!

edit: if the 40% discounted amount was $10752, the total should be only $17920. I'm so confused :(

• 

  SavatteDodo on 03/09/2015 - 17:25

  +4

  If you have proof go to the police.

  • 

    hashtagbargain on 03/09/2015 - 17:50

    Ok, I should mentally prepare for the visit to the police station now.

• 

  cloudy on 03/09/2015 - 17:26

  +2

  Wow, that is outright fraud!

  I'm not sure of the appropriate authority involved, but I'd try a few to see where they say to go. Start with police? Or ASIC…or ask the SRO for advice.

  • 

    hashtagbargain on 03/09/2015 - 17:51

    +1

    yeah feels terrible to feel this way :(

    SRO straight up said this matter is private between the conveyancer and me and washed their hands clean.

• 

  bluebat on 03/09/2015 - 18:27

  +1

  see if these guys http://www.aicnational.com.au/ can point you in the right direction. especially if your conveyancer is a member.

  • 

    hashtagbargain on 03/09/2015 - 19:16

    Thanks, will look into this.

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  GnarlyKnuckles on 03/09/2015 - 19:57

  Surely you'll chime in here Lysmo, as this is something you would know about I presume… Is it a case of straight up criminal fraud/one for the cops, or might they advise hashy to take it to VCAT?

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  AMLagonda on 07/09/2015 - 14:45

  I see the money is supposed to go in a trust account.

  • 

    GnarlyKnuckles on 14/09/2015 - 01:02

    That's a keen observation AML; and OP you could potentially use it to determine exactly what went on and when. I'm really disappointed that Lysmo didnae contribute an 'expert' opinion on this post. I would've thought that after recently staunchly (albeit erroneously) repeatedly maintaining that only those with legal qualifications should dare to speculate on any OzB posts seeking legal advice, that he would've actually taken a couple of minutes to contribute here.

    It's nae too late Lysander, don't be a bystander!

    Take a brief break from posting free STEAM game keys then arguing with OzBers in your own posts, to actually give this dude some potentially useful/helpful expert advice. I'm humbly begging you, on the OP's behalf.

    • 

      hashtagbargain on 17/09/2015 - 15:35

      Thanks for sharing my burden :)

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  clayb123 on 16/09/2015 - 22:56

  +1

  I'm a conveyancer in QLD so not 100% sure of Vic things, but if it was paid into a Trust Account then I'd personally contact the Victorian Legal Services Commission and let them know. QLD Law Society jump on any trust accounting issues very quickly, I'd imagine it would be the same there. Breach of Trust Accounts is a serious issue.

  Probably best seeing a solicitor about it though, they would know what's up.

  • 

    hashtagbargain on 17/09/2015 - 15:38

    Thank you for pointers! I did speak with the AIC board member and they suspect the bank didnt account for the money properly. I'll contact the VIC legal services commission if I hit a road block with my bank investigation.

• 

  hashtagbargain on 17/09/2015 - 15:39

  +3

  I took the advice of "welcome" from above and called AIC victoria. The board member I spoke to was understanding and explained to me that since the bank has a different amount on record compared to what it actually paid, I need to take it up with the bank.

  I spoke to the bank and they want a confirmation from SRO stating that they were only paid the concession amount. With this document, the bank would be able to launch an internal investigation.

  Thank you all for your insight and support, I'll keep you posted on how this pans out.

• 

  hashtagbargain on 16/01/2016 - 16:13

  +1

  After months of legal action, phone calls, letters and then having the financial ombudsman services get involved, I'm happy to say that my missing money was located. The banks solicitors were held responsible. The original amount plus interest was paid back plus a gift card for the trouble I went through.

  Though I'd have liked a better settlement offer, tbh im kind of glad the whole thing is behind me now and I have the satisfaction of calling this matter closed.

  Thanks everyone for your support.

  • 

    whooah1979 on 16/01/2016 - 16:33

    +1

    The banks solicitors were held responsible.

    it would be fair to change or ask a mod to change the title to the party that was responsible for this oversight.