Can I claim compensation from my solicitor?

fossman

We are FTB and are buying a new build house. We were due to legally complete on the 18th December but due to an error by our solicitor we completed on the 15th (they sent the money to the sellers solicitors on the wrong day). The house will not be fully complete until the 18th so can I claim 3 days mortgage interest back from my solicitor?

djm1972

I don't think there's a definitive answer, but there's no harm in trying.

I would wait until everything's completed and then write a polite letter explaining the situation and asking for a goodwill repayment of the lost interest. If the solicitor has admitted that it is their mistake mention this in the letter. You never know!

All it will cost you is 28p.

hjb123

Has the solicitors told you that this has happened then and admitted fault, if so have they offered you anything or an apology?

I agree with the previous poster in saying that there is no harm in trying, though do weigh up the two sides - is what you would get back worth the time and hassle of trying to get it?!

fossman

Had a phone call at 2.30pm on Friday from my solicitor.

The woman told me that due to a mistake by the cashier our mortgage money had come in early and had been sent to the sellers solicitor, so the house was now ours.

We have been down to our house today (first chance we've had since Friday). The sales office was closed so we still don't have any keys. We went round to the house and there is a skip infront of our driveway, the laminate flooring has still not been put in and there is rubbish all over the kitchen worktops.

hjb123

So do you get the keys tomorrow then?

Unfortunately I wouldnt have thought that there is much that can be done, see if the solicitors offer anything though I wouldnt have thought that they have to.

fossman

Yes we will be getting the keys tomorrow.

From what I've seen today there is still alot of work to do on the house though.

silvercar

Solicitor's often draw down the mortgage money the day before completion, to ensure there is no problem on the day. The mistake was passing it over to the seller too early. Hope they intend doing the floor first thing in the morning.

Rick62

Or if the lender sent the money early it may be easier to get them to just waive the first 3 days interest. Particularly as they are regulated by the FSA and 'treating customers fairly' and you have recourse to the Financial Ombudsman Service.

nrsql

It's quite common for new builds not to be finished at completion.
The attitude of the builder will be that it's bad luck - they won't be too worried about you pulling out in a rising market. You will also have a lot of problems to be put right after you move in (make sure you inform them of anything major while they are still there).

As to the solicitor - you only have a verbal admission - again it is common for solicitors to deny that a conversation took place "She wouldn't have said that". Sounds like it should be easy to prove the transfer was on the wrong date but it's probably not worth it.
I would leave things as they are and only use it if anything goes seriously wrong.

dunstonh

The house will not be fully complete until the 18th so can I claim 3 days mortgage interest back from my solicitor?

Saturday and Sunday are not working days so you have only lost one day and in reality you havent lost anything as over the period of the mortgage, you will be paying it back 3 days earlier.

fossman

Thanks for all your comments, I don't think I'll bother complaining. Will my first mortgage payment be taken 1 month from when the mortgage drawdown occurred (15 Jan)? If I ring up my mortgagee do you think they will let me bring the payment date closer to the start of the month.