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  • FIRST POST
    • Malmo
    • By Malmo 14th Oct 16, 11:41 AM
    • 695Posts
    • 513Thanks
    Malmo
    Guardian article about vendor failing to complete on time
    • #1
    • 14th Oct 16, 11:41 AM
    Guardian article about vendor failing to complete on time 14th Oct 16 at 11:41 AM
    Guardian article

    Does seem unjust that court action against the vendor could be costly and outweigh the expense caused by their and their legal representative's incompetence. Surely there is a cost effective way for the buyer to claim everything back?
Page 1
    • davidmcn
    • By davidmcn 14th Oct 16, 12:12 PM
    • 3,838 Posts
    • 3,411 Thanks
    davidmcn
    • #2
    • 14th Oct 16, 12:12 PM
    • #2
    • 14th Oct 16, 12:12 PM
    What do you suggest would be more cost-effective? There are costs, delays and risks involved in pursuing any sort of legal action. Though I'm not sure why their expert seems so pessimistic about the prospects of success.
    • G_M
    • By G_M 14th Oct 16, 12:13 PM
    • 37,015 Posts
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    G_M
    • #3
    • 14th Oct 16, 12:13 PM
    • #3
    • 14th Oct 16, 12:13 PM
    you should be due compensation in accordance with interest set out in the contract – normally a lowly 4% above base rate.
    I was under the impression a claim could also be made of the party at breach for any consquential loses eg removal company, hotel etc.

    Am I wrong?

    If not, a small claim would seem a straightforward and worthwhile course of action.
    • HouseBuyer77
    • By HouseBuyer77 14th Oct 16, 12:30 PM
    • 755 Posts
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    HouseBuyer77
    • #4
    • 14th Oct 16, 12:30 PM
    • #4
    • 14th Oct 16, 12:30 PM
    It seems odd the expert claims the cost of a small claims action could outweigh the money they could claim.

    Their bill of £2'400 seems justifiable and clearly the vendor failed to complete on time leading the costs incurred. Is this not a straight-forward case with a high chance of success?
    • Guest101
    • By Guest101 14th Oct 16, 1:00 PM
    • 11,958 Posts
    • 11,408 Thanks
    Guest101
    • #5
    • 14th Oct 16, 1:00 PM
    • #5
    • 14th Oct 16, 1:00 PM
    This is all based on a solicitor doing the leg work at £300 an hour ofcourse it would be outweighed and solicitors costs are very rarely awarded in SCs
    • G_M
    • By G_M 14th Oct 16, 1:07 PM
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    G_M
    • #6
    • 14th Oct 16, 1:07 PM
    • #6
    • 14th Oct 16, 1:07 PM
    This is all based on a solicitor doing the leg work at £300 an hour ofcourse it would be outweighed and solicitors costs are very rarely awarded in SCs
    Originally posted by Guest101
    If all that is claimed is 28 hours at 4% above base rate (ie peanuts) AND assuming a solicitor is paid, then yes, the costs far outweigh the claim.

    but if the claim is for the full £2,400 (as well as the 4%), and the claimants use the straight-forward moneyclaim online process without a solicitor, then it is well worthwhile.
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