Home Information Packs (HIP's) Debt???

Daysiechain

I am being chased by WH Brown Estate Agents for payment of a Home Information Pack (HIP's) from 2009.

I signed up with them for a FREE HIP with their own Conveyancing Solicitor. They took over a year to sell our property and during the whole time never informed us that they had completed a HIP or that one was available for us.

In May 2010 the Government abolished HIP's. Our property was eventually sold in July 2010, we decided to use our own solicitor and when the sale was completed there was no mention on the final statement that an invoice for the HIP's was outstanding.

It was a joint sale, me and my brother, however they are only chasing me for the debt, because I was the main contact. The amount was for £399+VAT, however they are now claiming £612 without any explanation about the increase!!! They said that the HIP is available in their Estate Agents Office and that we can go and get it to prove they did one.

As far as we are concerned it is a year too late and definately not needed as the property was sold ages ago. They said that they have ownership until we claim it. We don't want it, and should have been informed when they did it at the time they did it! If they take me to court would I be liable to pay it? Any advice please.

Thank you.
Daysiechain

googler

Are you sure the T&Cs don't say

"Free of any upfront cost, but payable when you sell the house or after a set limit period"

Do you still have the T&Cs?

Daysiechain

Hi, yes I still have the T&C's, they say Free HIP when using Agents own solicitor.
But HIP's were abolished before we could do that. They never informed us that
they had done the HIP or that an invoice was payable, until 2 years after completion!
We decided to use our own solicitor because the Agents had such bad communication
and no proof of HIP meant that as far as we were concerned it hadn't been done!

Thanks for reply.

DVardysShadow

Daysiechain wrote: »

Hi, yes I still have the T&C's, they say Free HIP when using Agents own solicitor.
But HIP's were abolished before we could do that. They never informed us that
they had done the HIP or that an invoice was payable, until 2 years after completion!
We decided to use our own solicitor because the Agents had such bad communication
and no proof of HIP meant that as far as we were concerned it hadn't been done!

Thanks for reply.

Your mistake was to use the other solicitor. The HIP should have been available from the point of first marketing the property - and you are too late now to prove that it was not. So, they did the HIP and you did not use the in-house solicitor. And you don't qualify for the free HIP.

If the communication with the agent's solicitor was so bad, you should have complained at that point and perhaps renegotiated.

The max you should be paying is £480 and you should write to ask for a breakdown of their charges.

Daysiechain

Hi,
The Estate Agents still have the HIP! we only found that out today, doesn't that prove they didn't tell us about it?
Surely it is our prerogative to change our mind about which solicitors we use?

Thanks for taking time to reply

Daysiechain

Update: I've complained to the Property Ombudsman, who is like a mediator for Estate Agents lol :rotfl:

Emmzi

you had to have a HIP to market the property. They marketed the property. They did the work so don't be a tightwad!

DVardysShadow

Daysiechain wrote: »

Hi,

1. The Estate Agents still have the HIP! we only found that out today, doesn't that prove they didn't tell us about it?
2. Surely it is our prerogative to change our mind about which solicitors we use?

Thanks for taking time to reply

1. Your logic is terrible. The Magna Carta is stored in the British Library. I only found that out just now on wikipedia. What does that prove? And them not telling you about it proves nothing either.
2. Absolutely your choice. And the contract outlines that the free HIP is for using their solicitor. So your choice not to use the solicitor was also a choice to pay for the HIP.

G_M

The fact that the Gov subsequently abolished HIPs is irrelevant. You signed a contract. They fulfilled their side (produced a HIP) but you failed to fulfill your side (use their solicitor).

So presumably the contractual fallback position is that you pay for the HIP rather than get it free.

Debts can be pursued for up to 7 years, it it is not 'a year too late'. The fact that you know longer want the HIP is irrelevant. They prepared it in accordance with your instructions at the time.

They can pursue either one, or both, of the debtors. (my guess is that if it came to a court action they would sue you jointly).

I believe they would win a court action.

Sorry. But I hope that answers your query.

sonastin

They did not need to inform you that the HIP was prepared. It was against the law to market your property without a HIP. They were marketing your property. Therefore you should have known that there was a HIP. That you chose not to ask for a copy is irrelevant. Had you picked up a copy, it would still have been available at the estate agents so that they could give it to any potential buyers who requested a copy. I'm afraid you didn't fulfil your part of the deal by using their conveyancers so the HIP is not free.

Jeffrey_Shaw

G_M wrote: »

Debts can be pursued for up to 7 years

Make that 'six years': Limitation Act 1980.