Charging Order? The myth

weimimamma

Hi Eggbox

Just an update on our sale. Received info that our buyers have searches and mortgage offer in place and that their solicitor has sent some queries back to THAT solicitor last Monday. As of today I emailed last week no response, called Friday for update, no response, called twice today been promised a call back, still no response, just received email from estate agents to say guess what she has received no response either!

Slowly but surely loosing my patience with these muppets they need to be updating me and are at present holding up our sale as they need to be purchasing the leasehold on our property not sure what is the best move to gain a response. It has been 6 weeks and only one phone call to say had o update that was from a secretary and only after I sent a letter recorded delivery asking them to call me !

pffttttttt

eggbox

weimimamma

I'd press them even more now as I've had an PM from another poster who has reported that, since the Solicitor we were using left the firm, the replacement Solicitor has stated (regarding selling without removing the Restriction prior to sale) that "there is no way a buyer or their solicitor would risk doing that"

He, apparently, went on to make it clear that under no circumstance is he prepared to make any effort in convincing them to do so, either?

Given the Solicitor he replaced has clearly demonstrated this is not the case, it shows you the arrogance (and ignorance) you are up against when dealing with the majority of Solicitors on this matter.

My advice was to switch to Solicitor R, who has no such reservations, and I would think about doing the same if you get the same response?

weimimamma

This is an absolute nightmare Eggbox I have put 3 calls in to them in the last 2 days with no response I am at the end of my tether and worried about loosing my rental.

I think I will have to email R today.

weimimamma

When you say removing restriction prior to sale does that mean all of then even if there is no enough equity in my other half share? Also does this mean that we would have to pay them off prior to exchange or upon completion?

eggbox

I would if I was in your position as you have given them every opportunity to act for you and they seem disinterested?

Could be a reason R moved on?

eggbox

weimimamma wrote: »

When you say removing restriction prior to sale does that mean all of then even if there is no enough equity in my other half share? Also does this mean that we would have to pay them off prior to exchange or upon completion?

Normally, removing all Restrictions prior to sale is what the overwhelming majority of buyers Solicitors think has to be done as they don't understand (or don't want to understand) that this is not required due to overreaching.

This is what R has been explaining on sellers behalf to buyers Solicitors (with the help from the LR) explaining the sale can proceed (and the title will become clear) once the sale is completed due to overreaching occurring.

So I'm saying if your existing Solicitor doesn't (or refuses to) understand this you are wasting your time, anyway?

weimimamma

I can't find out of the woman does or does not not as she is failing to return my calls and also is failing to return calls to my estate agent.

I am just about to email them, so I have evidence in writing for my complaint later on, that if I do not receive information answering my queries by lunchtime today that I will be changing solicitors. just hope there is not a big bill for doing so !

Thanks a lot

eggbox

I would explain that R was reluctant to take your sale on as he didn't want to be seen poaching clients from his ex firm.

However, you need to explain that you unless they are able to act as you wish (especially in light of the comments above made to another poster by a Solicitor at the same firm) and also start contacting you correctly; then you will have no alternative but to move Solicitors due to their, continued, negligence in handling your sale.

weimimamma

I have sent em an email this morning and advised if they do not contact me with an update by 12 noon I will deinstruct them and go elsewhere.


I have since just received an email from the Leasehold company advising still no contact from my solicitor and even he said ' I think a change of solicitor is in order'


I will be calling Ricky this morning to advise him and see if he will be prepared to take on my work.


I will keep you updated.

DAKOTA45

eggbox wrote: »

I would explain that R was reluctant to take your sale on as he didn't want to be seen poaching clients from his ex firm.

However, you need to explain that you unless they are able to act as you wish (especially in light of the comments above made to another poster by a Solicitor at the same firm) and also start contacting you correctly; then you will have no alternative but to move Solicitors due to their, continued, negligence in handling your sale.

If they are acting negligently, and it sounds as though they are, can you not report them to a solicitors/legal ombudsman or something? D45