Linden Homes Now asking for more money?

Mark_Hewitt

DVardysShadow wrote: »

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?

Oh, I thought it was that they *thought* it had been paid, but it turned out it hadn't?

mountainofdebt

I'm reading the situation as the OP hasn't confirmed yet whether the deposit was physically taken but considers it paid as the amount on the completion statement said that it had.

Equaliser123

NO! You do not owe it.

Completion means just that - "complete". They cannot charge for anything extra now.

Equaliser123

MrRedundant wrote: »

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.

This is rather different.

Both parties were legally advised. The solicitors for Linden may well have made a mistake. However, once completion takes place, it is not possible to claim any monies which had been "forgotten" about.

Quite a few cases where developers have carried out "extras" to properties pre-sale and have forgotten to charge until after. They cannot then charge once they realise their mistake.

mountainofdebt

Look - the OP hasn't made it clear whether the reservation fee had actually been taken or not, which I assume is the money that Linden Homes claim they are owed.

If this is the case then surely there would be nothing stopping Linden Homes debiting the Op's credit card without even mentioning it to the OP - though I have no doubt the post would have read that they took 7 months to take the deposit, the deposit has now been taken leaving us short what barstewards they are.

Yes I agree if the deposit has been taken and the full asking price has been paid then there's nothing Linden Homes can do - however we're all trying to 2nd guess the situation and until the OP comes back and sheds a little more light on the situation, we're all flapping our gums for nothing.

Equaliser123

mountainofdebt wrote: »

Yes I agree if the deposit has been taken and the full asking price has been paid then there's nothing Linden Homes can do - however we're all trying to 2nd guess the situation and until the OP comes back and sheds a little more light on the situation, we're all flapping our gums for nothing.

Not sure anyone is "flapping gums" at all.

Bottom line is, if the deposit has been taken or if it has not, the OP is not obliged to make any further payment.

DVardysShadow

Equaliser123 wrote: »

... Bottom line is, if the deposit has been taken or if it has not, the OP is not obliged to make any further payment.

I'm struggling with that idea

Equaliser123 wrote: »

This is rather different.

Both parties were legally advised. The solicitors for Linden may well have made a mistake. However, once completion takes place, it is not possible to claim any monies which had been "forgotten" about.

Quite a few cases where developers have carried out "extras" to properties pre-sale and have forgotten to charge until after. They cannot then charge once they realise their mistake.

I would make a distinction here.

• If the developer charged extra for a higher spec kitchen or whatever, but forgot to include it in the contract, I fully agree.
• But if the £1000 is actually an amount required to be paid under the contract, but this has not been paid, then I am thinking it is still due.

The questions in my mind are whether the sum is due under the contract or omitted from it - and whether it truly has not been paid.

Equaliser123

DVardysShadow wrote: »

I'm struggling with that idea


I would make a distinction here.

• If the developer charged extra for a higher spec kitchen or whatever, but forgot to include it in the contract, I fully agree.
• But if the £1000 is actually an amount required to be paid under the contract, but this has not been paid, then I am thinking it is still due.

The questions in my mind are whether the sum is due under the contract or omitted from it - and whether it truly has not been paid.

But if it hasn't been paid and the contract called for it to be paid then unless it was agreed that completion would occur and payment to follow - massively unusual and against mortgage lender's instructions to their solicitors - then it cannot be claimed now.

mountainofdebt

As I said before we're all flapping our gums until the OP gets back and lets us know whether the depoist was or wasn't taken.

DVardysShadow

mountainofdebt wrote: »

As I said before we're all flapping our gums until the OP gets back and lets us know whether the depoist was or wasn't taken.

Equaliser's argument is that it does not matter whether the deposit was or was not taken. What is important here is the principles which apply - if we uncover those, the OP will have their answer without needing to answer the question.