Linden Homes Now asking for more money?

jjumpm2

Last September (2010) we purchased a new home from Linden Homes. We completed on the 27th and thought that was the end of it.

Today, I had a member of there staff come and knock on our door saying that we owe them £1000 because the reservation fee was not charged to our card in July. They even said that they may take us to court if this was not paid.

As far as we were concerned, the solicitors had checked with Linden and got a completion statement, which we paid in full and completed the purchase.

We own the house and have all the paperwork etc.. Do we actually need to pay this, just because of there error?

I am going to speak to our solicitors tomorrow, but any help in the meantime would be great!

mountainofdebt

well I suppose the questions that need answering are:

a) did you authorise linden homes to charge the reservation fee to your credit card

b) was it charged?

c) did the statement assume that a) & b) had occured?

jjumpm2

@mountainofdebt:

A) Yes, we gave them the details and they said everything was fine.

From what they are saying, no. I am going to check with the bank tomorrow..

C) Yes, the statement outlined everything including the reservation fee so we could only assume that it was!


Thanks!

mountainofdebt

So if the company was authorised to take the payment and yet haven't, then I can't see the problem in letting them take the deposit now. At best they are forwarning you that they will be taking it. If they didn't take it, did you notice that they hadn't or were you hoping they wouldn't notice ,lol?

Obviously if they have then all needs to be done is proving that to them and telling them to sling their hook.

DVardysShadow

jjumpm2 wrote: »

Last September (2010) we purchased a new home from Linden Homes. We completed on the 27th and thought that was the end of it.

Today, I had a member of there staff come and knock on our door saying that we owe them £1000 because the reservation fee was not charged to our card in July. They even said that they may take us to court if this was not paid.

As far as we were concerned, the solicitors had checked with Linden and got a completion statement, which we paid in full and completed the purchase.

We own the house and have all the paperwork etc.. Do we actually need to pay this, just because of there error?

I am going to speak to our solicitors tomorrow, but any help in the meantime would be great!

I have highlighted what really stood out for me. Companies do not normally knock on doors for this sort of thing, they write. I would have asked them to write and explain. And if they didn't, I would ignore them.

MrRedundant

Well not always.

Ultimately if you owe the money you owe it. If they had overcharged you by a grand I assume you wouldnt have noticed or cared either??
Funny how people never notice the extra money but cant afford it when they need to pay it.

neilmcl

DVardysShadow wrote: »

I have highlighted what really stood out for me. Companies do not normally knock on doors for this sort of thing, they write. I would have asked them to write and explain. And if they didn't, I would ignore them.

Not necessarily. If its an ongoing development they may still have someone onsite in which case it'll be perfectly normal for them to come knocking.

jjumpm2

Thanks for all the replies..

Well, as far as we were concerned, we had the completion statement, which both solicitors had checked and agreed, with the total amount still owing, which we paid in full. I cannot really see how it was our job to check there solicitors work? I am going to phone our solicitors and see what they say.. Seems very odd that they would come round after work and knock on the door?

mountainofdebt

But did they actually take the deposit?

As far as the solicitor was concerned the deposit may have been paid but the accounts dept, or whoever was to physically process the payment, may not have actually done it.

I agree that it is odd that they come acround in person (did you see any idenitfication?) as I would have expected a letter to have been sent

Mark_Hewitt

Morally speaking you still owe the money, as you didn't pay it, mistake or otherwise. Now the question is legally speaking can you get away with not paying it?

DVardysShadow

neilmcl wrote: »

Not necessarily. If its an ongoing development they may still have someone onsite in which case it'll be perfectly normal for them to come knocking.

No, it is bizarre to come knocking on the door asking for £1000. Do they expect people to pay on the spot? For that amount of money, a verbal request is not adequate - a bill and an explanation in writing is required. And it is offensive and totally out of order to start talking about taking people to court until a full explanation has been given in writing

Mark_Hewitt wrote: »

Morally speaking you still owe the money, as you didn't pay it, mistake or otherwise. Now the question is legally speaking can you get away with not paying it?

OP seems to think it has been paid, so morally speaking they don't need to pay it. Or does a claim form the builder morally trump a rebuttal of that claim by the buyer?

Really, the w is that the facts must be checked - and this starts with the builder making a request in writing - not by door stepping someone.