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Leaseholder woes! Major Works bills...
Rob_XT
Posts: 4 Newbie
Hi,
I've been having a bit of a nightmare over the later year or so in relation to the purchase of our leasehold flat in April 2008. When we started our searches it was discovered that there were outstanding bills from the housing authority for major works, which was finally agreed to total no more that £18,500. At first we were almost scared away from the purchase but our solicitor assured us that the seller's solicitor would hold that money in retention until the bills for the three main major works came through. We agreed the sale on that basis.
I received the first bill for the main major works of £12,500 in November 2009 (they're so fast!) and tried to contact my solicitor to follow the instructions to sort this out. Unfortunately they were hit in January by the financial crisis and were not in business. Needless to say I was shocked and panicked about what I should do. Did some checking and research and finally just sent it directly to the seller's solicitor and requested payment per our contract. They begrudgingly sent a cheque and then said there was a time limit on the contract of March 2009 (1 year I guess) which I would never have agreed to if I had known. The same document which I was sent by my solicitor did not mention this! Although they paid they said they considered the matter closed and released the retention.
Last month and last week I have now received the bills for the final two major works, totalling £3600.00. I already tried to request payment from the seller's solicitor but they just sent it back referring to their original letter.
I am sending both bills now with my evidence that they are talking BS and we'll see what they say. If this does go all wrong where do I go if I need to sort this out? Is it worth trying a legal route here? I'm really panicking about this now, I can't afford the £3.6k the HA is demanding and I don't want to be taken to court myself. Any advice?
Thanks, Rob
I've been having a bit of a nightmare over the later year or so in relation to the purchase of our leasehold flat in April 2008. When we started our searches it was discovered that there were outstanding bills from the housing authority for major works, which was finally agreed to total no more that £18,500. At first we were almost scared away from the purchase but our solicitor assured us that the seller's solicitor would hold that money in retention until the bills for the three main major works came through. We agreed the sale on that basis.
I received the first bill for the main major works of £12,500 in November 2009 (they're so fast!) and tried to contact my solicitor to follow the instructions to sort this out. Unfortunately they were hit in January by the financial crisis and were not in business. Needless to say I was shocked and panicked about what I should do. Did some checking and research and finally just sent it directly to the seller's solicitor and requested payment per our contract. They begrudgingly sent a cheque and then said there was a time limit on the contract of March 2009 (1 year I guess) which I would never have agreed to if I had known. The same document which I was sent by my solicitor did not mention this! Although they paid they said they considered the matter closed and released the retention.
Last month and last week I have now received the bills for the final two major works, totalling £3600.00. I already tried to request payment from the seller's solicitor but they just sent it back referring to their original letter.
I am sending both bills now with my evidence that they are talking BS and we'll see what they say. If this does go all wrong where do I go if I need to sort this out? Is it worth trying a legal route here? I'm really panicking about this now, I can't afford the £3.6k the HA is demanding and I don't want to be taken to court myself. Any advice?
Thanks, Rob
0
Comments
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I received a letter back from the seller's solicitor, just really 'noting my comments' but now stating that they added a 'time limit' between the time that I received the copy contract details and when we signed. The copy of this as proof is the same contract but with hand written scrawl at the bottom and on another page. That can't be legal!
I can't verify that our solicitor saw this as they are not in business any more and I'm not happy that this could have been done. Frankly I could send them back the same thing with writing at the bottom saying 'not accepted, no time limit' and that would be just as legal as far as I know!
I'm going to seek advise from the Legal Ombudsman and also the CAB. I may also have to get a new solicitor involved, but if anyone has any suggestions about the best course to take I would appreciate it.
Thanks, Rob0 -
I received a letter back from the seller's solicitor, just really 'noting my comments' but now stating that they added a 'time limit' between the time that I received the copy contract details and when we signed. The copy of this as proof is the same contract but with hand written scrawl at the bottom and on another page. That can't be legal!
I can't verify that our solicitor saw this as they are not in business any more and I'm not happy that this could have been done. Frankly I could send them back the same thing with writing at the bottom saying 'not accepted, no time limit' and that would be just as legal as far as I know!
I'm going to seek advise from the Legal Ombudsman and also the CAB. I may also have to get a new solicitor involved, but if anyone has any suggestions about the best course to take I would appreciate it.
Thanks, Rob
Just see another solicitor – don't bother with the Ombudsman or CAB. There are plenty of solicitors that offer free initial consultations, they would be able to advise you of your rights after seeing the contract. Find a local firm that does civil litigation:
http://www.lawsociety.org.uk:80/choosingandusing/findasolicitor/action=lawfirmsearch.law
It sounds very dodgy to me – normally if you were making a last minute handwritten amendment to a contract, you would get the parties to initial it.0 -
Speak to the Law Society. Your orginal papers should be somewhere - to show what was signed. Other people's transactions in progress at the time of collapse would have been passed to another firm...hopefully the firms whole history of transactions would be filed safely...
It might save "re-inventing the wheel"...0
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