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Advise Needed
moNoKnoT
Posts: 3 Newbie
Hi All,
I'm after a bit of advise regarding the purchase of my flat.
I purchased a flat last year, the sale went through with a lot of grief from the vendors but it all went ok on the day of completion.
About 2 months after moving in, we received a cheque from the managing company stating that we had overpaid by £320. This overpayment had in fact been made by the previous owner due to major works which had finished shortly before completion took place. It took the managing company a couple of months to finalise the accounts at which point the overpayment was identified and the cheque sent to me.
Anyway, the vendors solicitors have written directly to me asking that the amount be paid back to their client. I have since requested a copy of the completion statement which had the "requisitions on title" attached and there is no mention about fee's due either to or from after the sale had taken place. I'm on the understanding that the completion statement should detail the 'final' accounts (ie no more payments either way afterwards).
In my opinion, the vendors solicitors failed to check before the sale went through to cover events like this off, this did not happen.
The only reason the old vendor knows about this overpayment was due to a letter regarding it being sent accidentally to their address instead of ours. Without the grief I would have just sent the money back but since they made me so angry at the time of sale I have no wish to send it onto them (they tried to do me out of £2K)
For the record, I still have the uncashed cheque. If I reply stating that I have relied on the completion statement to be correct and its their fault for not covering this event where would I stand with this?
I'm after a bit of advise regarding the purchase of my flat.
I purchased a flat last year, the sale went through with a lot of grief from the vendors but it all went ok on the day of completion.
About 2 months after moving in, we received a cheque from the managing company stating that we had overpaid by £320. This overpayment had in fact been made by the previous owner due to major works which had finished shortly before completion took place. It took the managing company a couple of months to finalise the accounts at which point the overpayment was identified and the cheque sent to me.
Anyway, the vendors solicitors have written directly to me asking that the amount be paid back to their client. I have since requested a copy of the completion statement which had the "requisitions on title" attached and there is no mention about fee's due either to or from after the sale had taken place. I'm on the understanding that the completion statement should detail the 'final' accounts (ie no more payments either way afterwards).
In my opinion, the vendors solicitors failed to check before the sale went through to cover events like this off, this did not happen.
The only reason the old vendor knows about this overpayment was due to a letter regarding it being sent accidentally to their address instead of ours. Without the grief I would have just sent the money back but since they made me so angry at the time of sale I have no wish to send it onto them (they tried to do me out of £2K)
For the record, I still have the uncashed cheque. If I reply stating that I have relied on the completion statement to be correct and its their fault for not covering this event where would I stand with this?
0
Comments
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Who is the cheque made payable to?0
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You know it doesnt belong to you. Last year has been and gone.
Just send it back and move on.
They will very likely sue you and it will cost you a lot more than the cheqe for a solicitor to defend youmake the most of it, we are only here for the weekend.
and we will never, ever return.0 -
You are just making trouble for yourself over money which is not yours.
If it will give you satisfaction to fight this because you feel the vendors gave you 'grief' (what property purchase does not involve grief?), then go ahead.
But my advice is to start living your new life in your new flat, pay back the money which is not yours, and get on with your life.0 -
You are just making trouble for yourself over money which is not yours.
If it will give you satisfaction to fight this because you feel the vendors gave you 'grief' (what property purchase does not involve grief?), then go ahead.
But my advice is to start living your new life in your new flat, pay back the money which is not yours, and get on with your life.
Thanks for the advise everyone, I've decided to follow what you've said, cash this cheque and send on the money to the previous owner :beer:0 -
Send a cheque of your own (traceable) and request a receipt!
Good call though.0
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