Help - being gazundered.

Captain_Mainwaring_2

neverdespairgirl wrote: »

I'd have thought so, the cheque rule isn't particularly obscure.

Barristers tend to be particularly aware of it. WE can't sue for our fees, usually, as it's a gentlemen's agreement, not a contract. But we can sue on a rubber cheque sent for fees.

Bearing in mind that issuing a cheque knowing that it won't be honoured is a criminal offense, I'm not surprised, but if for example I get you to do some work, pay for it, the realise you have taken me for a charlie, and stop the cheque for "dissatisfaction", can you still sue?

neverdespairgirl

As a lay client, you wouldn't be paying me directly in the first place.

Captain_Mainwaring_2

neverdespairgirl wrote: »

As a lay client, you wouldn't be paying me directly in the first place.

So where would this occur then?

Many diamond dealers do business based upon trust only, no contract, I assume that you are sayin that the briefing solicitor would be the only person who could issue a "kite"?

andys15

have you exchanged?

RedSquirrel

No we haven't exchanged, the latest is that he said he was doing the deposit by telegraphic transfer this morning. Then I got a call to say he had decided to do it the 'right' way and was changing his offer on paper to take in the £5K, therefore his mortgage offer had to be redone and this would take three working days, meaning we now cannot exchange until Wednesday lunch time. This in turn means that we probably will not be able to complete on the day that we and the people we are buying from wanted to and we are back to a waiting game to see what the next trick up his sleeve is... anyone like to hazard a guess at his next move?

Neillgb

RedSquirrel wrote: »

No we haven't exchanged, the latest is that he said he was doing the deposit by telegraphic transfer this morning. Then I got a call to say he had decided to do it the 'right' way and was changing his offer on paper to take in the £5K, therefore his mortgage offer had to be redone and this would take three working days, meaning we now cannot exchange until Wednesday lunch time. This in turn means that we probably will not be able to complete on the day that we and the people we are buying from wanted to and we are back to a waiting game to see what the next trick up his sleeve is... anyone like to hazard a guess at his next move?

My money is on him not being able to get a revised mortgage offer.

Still, good to hear it is going legitimate, all the cash going through the solicitors I am assuming?

Good luck.

redcar_2

So you are still agreeing to drop 5k?

I can't help but think he isn't coming through regardless but I do sympathise with all the stress this is causing you.

GarethNI_2

Hi Red...

I have to say, I'm somewhat... bemused by your situation and can't help but think that someone is on the wind up... I hope however that I'm wrong - but I think it's about time you stand up for yourself.

You have a geezer going back on what I assume is a signed/thus binding contract?...
- I was always under the impression that the only time either party can pull out (without resulting in a financial penalty - depending on solicitor) was only before the contract/missives have been signed... it's that way up in Scotland anyways
- If you/buyer have signed a contract/missives surely you can get him for breaking the rules (agreed sale price) of the contract... thus your solicitor should be able to bill him for wasting yours/estate agent(s) and their time
- he's effectively trying to extort money out of you... and whats worse is that your relenting...
- think of what your doing in a slightly different manner, let's take this !!!!! out of the story and say you have agreed a reasonable sale and it's went through swimmingly.... the seller of your new property however on the day of exchange refuses to give you the keys to the property unless you give them a golden handshake of £5000 - would you give in and give it to them - my reaction would be "I'll see you in court"... or polite a response which ends in OFF!

Heck if I were you I'd pull out and put the property on the open market less the £5K that your agreed to sell it at just to stick two fingers up to your buyer... and to not loose your (hard) earned savings

PS: I'd also think about changing your solicitor as I'd say they don't know there erse from their elbow... advising you to submit a bounced cheque?!

GDB2222

Hi Red

I really strongly suggest that you come up with a Plan B really quickly.

GarethNI_2

RedSquirrel wrote: »

No we haven't exchanged, the latest is that he said he was doing the deposit by telegraphic transfer this morning. Then I got a call to say he had decided to do it the 'right' way and was changing his offer on paper to take in the £5K, therefore his mortgage offer had to be redone and this would take three working days, meaning we now cannot exchange until Wednesday lunch time. This in turn means that we probably will not be able to complete on the day that we and the people we are buying from wanted to and we are back to a waiting game to see what the next trick up his sleeve is... anyone like to hazard a guess at his next move?

He will no doubt further waste your time... why are you playing into his hands?...
- have your solicitor call up his and lay everything on the table...
- you have until Wednesday MAXIMUM
- you must receive £

---

- failure to do so will result in: Bill for Solicitors Fee's, Estate Agent's Fee's (relisting etc), bill for your new mortgage and an amount for inconveniencing your seller... obviously have your solicitor fill in the above totals so the buyer knows exactly how much he will be billed

Bear in mind *you* are inconveniencing your seller via his gazundering, you could risk loosing this house all together