Could I sue for being mis-sold

moneybunny123

dtaylor84 wrote: »

There was nothing to stop you getting advice from a solicitor of your choice. You didn't.



You've been given answers - they're just not what you want to hear.

There is very little hope that you will be able to successfully take action against the developer. But if you really want an answer - speak to a solicitor!

I've never said I wanted to take action against the developers - only the solicitors. Oh, and you think I should've got another solicitor to check the work of the first solicitor? Should I have also paid a third, to check the advice given by the second one? And a fourth to check the advice of the third one.....? You get my point. Oh, except you probably don't.

moneybunny123

Flyboy152 wrote: »

I do not believe what you are telling is is correct, either that or some has advised you poorly.

Oh my God, could it be that the penny is finally dropping, Flyboy??????

Flyboy152

mandbaby wrote: »

I can't be bothered to scrutinise the rest of your long post Flyboy152 because I'm wasting my time. You're clearly not getting my point, at all. And yet others on here have managed to (and point out my mistakes and options, which I'm already aware of)

No, I am sure you can't, but let's pretend, for the moment, that it is because you know deep down, that what everyone has been telling you is the best advice and you are just arguing for the sake of it.

moneybunny123

Flyboy152 wrote: »

Odd that the "mortgage pitfall," has only just now emerged.

It hasn't!!! I discovered it three years ago when I wanted to remortgage to release some equity. I went to another lender, paid for a survey, paid for a solicitor (my own!) and was told that there was a clause preventing me from using another lender.

And, I think I mentioned all this on page 1 or 2 of this thread.

Get your facts straight before coming at me with your snidey jibes.

Flyboy152

mandbaby wrote: »

Oh my God, could it be that the penny is finally dropping, Flyboy??????

LOL, I think you have missed my little point, I was referring to the (apparent) berk who told you that you have to stay with the Halifax for the next twenty-five years.

ILW

I would suggest that lack of advice is totally different to wrong advice. A solicitors main function is to carry out the clients wishes. Not advise on every possible pitfall that could occur in the future.

moneybunny123

Flyboy152 wrote: »

No, I am sure you can't, but let's pretend, for the moment, that it is because you know deep down, that what everyone has been telling you is the best advice and you are just arguing for the sake of it.

Not the case at all. I feel YOU are though. I've already conceded very early on in the thread that I made mistakes. My ONLY gripe is a contract so tightly knit that nobody pointed out to me, and why would they have done when they were acting on the developers best interests? I can't believe you're missing this one, crucial point. Like you said yourself above, you can't believe it - either that or I've been poorly advised. Well, believe it because it's true. Why would I lie? The fact is, I WAS poorly advised and came on here to ask if anybody thought I had a case for proving as much.

hazyjo

Fact is, you didn't have to use their solicitors. It's whoever told you that whose at fault. But then that's why boards like this are here, so that people can be put right before making mistakes. If everyone told the truth when it comes to property, the world would be a better place!

If I was told I had to use a solicitor and didn't want to, I would first have checked I was being told the truth. If there is some hidden law that I've missed that does mean they can force someone to use their solicitors, I would still have got my own solicitor (if it was someone I already knew and trusted) to read through the contract. Unfortunately, it sounds like the horse has bolted and I really can't see who you'd be entitled to sue as being responsible for it.

Jx

moneybunny123

Flyboy152 wrote: »

LOL, I think you have missed my little point, I was referring to the (apparent) berk who told you that you have to stay with the Halifax for the next twenty-five years.

Which berk? It's in a contract. Surely the issue is with the person who failed to point this out to me before I signed a contract?

Have you ever used a solicitor? Are they a good one? You'd recommend them to your best friend? If not, you shouldn't use them. If they are, then I imagine they'd point out something as fundamental as tying yourself into ONE lender. But, stupid me, like you said, I didn't pay for another solicitor to check it all out, and for another one to check all THAT out, and so on....

moneybunny123

hazyjo wrote: »

Fact is, you didn't have to use their solicitors. It's whoever told you that whose at fault. But then that's why boards like this are here, so that people can be put right before making mistakes. If everyone told the truth when it comes to property, the world would be a better place!

If I was told I had to use a solicitor and didn't want to, I would first have checked I was being told the truth. If there is some hidden law that I've missed that does mean they can force someone to use their solicitors, I would still have got my own solicitor (if it was someone I already knew and trusted) to read through the contract. Unfortunately, it sounds like the horse has bolted and I really can't see who you'd be entitled to sue as being responsible for it.

Jx

The person who told me I HAD to was the developers sales rep. He said I had no choice and that I had to use their approved solicitor when buying one of their houses.

Just to add, we're not talking here about some jack the lad builder. I'm talking about one of the biggest house builders in the country. Which, is why I believed the sales rep and it didn't occur to me to doubt what he was saying.