Developer suing me

issue

I was to complete on a property in 2009. I paid a 10% deposit and had to leave this go which I accept. The developer has a jugement against me for 30K . A fews ago I agreed a settlement with for 16K over two years. They sent me an email stating they acceppet the offer and all was ok. There solicitor sent me details I signed them and sent off a cheque but it was never cashed and they are now seeking full judgement.
On the other side off things. If a person didn't complete on a purchase they they had an insurance taken out for a percentage of the full amount. The are as far as I know fighting with the Insurance company over this. The insurance company contacted me and asked me a few questions on why I didn't complete. I told the truth and said I could not get a mortgage and I have proof of this and I did send all confirmation to the developer.
The developer has told me that I have not given them a full statement on my meeting with the insurance company and are now seeking full judgement. have I an leg to stand on.

N79

See (and pay to retain) a solicitor that deals with conveyancing disputes.

Milliewilly

issue wrote: »

I was to complete on a property in 2009. I paid a 10% deposit and had to leave this go which I accept. The developer has a jugement against me for 30K . A fews ago I agreed a settlement with for 16K over two years. They sent me an email stating they acceppet the offer and all was ok. There solicitor sent me details I signed them and sent off a cheque but it was never cashed and they are now seeking full judgement.
On the other side off things. If a person didn't complete on a purchase they they had an insurance taken out for a percentage of the full amount. The are as far as I know fighting with the Insurance company over this. The insurance company contacted me and asked me a few questions on why I didn't complete. I told the truth and said I could not get a mortgage and I have proof of this and I did send all confirmation to the developer.
The developer has told me that I have not given them a full statement on my meeting with the insurance company and are now seeking full judgement. have I an leg to stand on.

You need legal advice quickly. Do you have a record of the cheque number (s)? Do you mean you have to send a cheque every month for 2 years and none were cashed so far from the date of settlement via your solicitor? Do you have a record of your discussion with the insurance company?

DVardysShadow

Milliewilly wrote: »

Do you mean you have to send a cheque every month for 2 years and none were cashed so far from the date of settlement via your solicitor?

I think OP probably sent the first one which was never cashed and maybe never sent any more.

issue

They sent me an email confirming that they accepted the payment paln and then their solicitor sent documents to my solicitor. I signed them sent them back with a cheque for 7k and the remainder would be paid this time next year.The cheque was never cashed. All this was agreed but then three weeks later they said they wanted a statement of my meeting with the Insurance company but 2 months earlier to this they said the insurance company was no consirn of mine. I met the Insurance company a year ago only because I was afraid of being sued and though I might have another option. My solicitor has sent them a statement but they say it is not good enough.

If they confirmed by email and solicitor thet they accept the payment plan and now say they don't accept it have I got a case against them.

Annisele

You really should be asking your solicitor these questions; he will have all of the relevant documents.

Getting free information from a public forum can be moneysaving, but not when there are already solicitors on both sides, you've failed to complete as you were legally obliged to, and a judgement for £30k has already been obtained.

The general rule is that even if a creditor accepts part settlement of a debt, he can still go back to the debtor for the full amount. There are exceptions, and time limits, but on the face of it it I think that it looks as though you will have to pay the full £30k, possibly plus interest and costs. But don't take my word for it - or the word of anybody else here - go and ask your solicitor and get professional paid for advice.

Milliewilly

issue wrote: »

They sent me an email confirming that they accepted the payment paln and then their solicitor sent documents to my solicitor. I signed them sent them back with a cheque for 7k and the remainder would be paid this time next year.The cheque was never cashed. All this was agreed but then three weeks later they said they wanted a statement of my meeting with the Insurance company but 2 months earlier to this they said the insurance company was no consirn of mine. I met the Insurance company a year ago only because I was afraid of being sued and though I might have another option. My solicitor has sent them a statement but they say it is not good enough.

If they confirmed by email and solicitor thet they accept the payment plan and now say they don't accept it have I got a case against them.

Did your documents state full and final settlement anywhere? Seems your solicitor has left you wide open here.

Unfortunately meeting the insurer was a mistake as they will have used you as a pawn to get out of paying the developer.

Zurich tried it on with me when I sued a Valuation Surveyor. He wasn't happy at all when I insisted on my solicitor being present.

issue

We agreed a full settlement of 16k, and their solicitor stated this and my solicitor accepted this. The developer was only wanted to know what the insurance company said to me and thet it would not affect me and thet they should have not contacted me. I never knew anything about any insurance company until they contacted me. I think the developer is trying a double claim to sue me and get the 10% of the purchase price from the insurance company.