Old Retention

mrmo_3

Looking for some advice please...

10 years ago I moved into a new build house. At that time the local water authority had identified some remedial work that needed to be completed to the drains before it would enter into the S.104 agreement. Therefore my solicitor held back a £500 retention pending completion of the agreement. Shortly after the sale completed, my solicitor retired, and so forwarded the £500 to the builder's solicitor, with the agreement that the money would be paid to the builder once the agreement was finalised.

Earlier this year however there was a blockage in the drains, and when we reported this to the water authority it turned out that the remedial work was never completed, and the S.104 agreement never finalised. Therefore, along with our neighbours, we had to pay to clear the blockage and to complete the remedial works. This has now been done, and the S.104 is finally in place.

Here is my question - should I be able to reclaim the £500 from the builder's solicitor? I have written asking for this, but they have said that they no longer have the records for the sale. I understand that solicitors are only required to keep records for six years, but is there no requirement for them to ensure that all accounts etc have been finalised before destroying the records?

Thanks in advance.