House sold over a year ago, now about to recieve a CCJ

DVardysShadow

nthUK wrote: »

Im going to post some correspondence between us and the buyers, i hope this gives a little more explantion and foresight into the best/right thing for us to do?

My advice? Delete all of that post and deal here in generalities. Much safer.

You are too hung up on the error made by your solicitor. You will hang yourself on that if you are not careful.

You are getting precious close to admitting that your buyers have a case but for your solicitor's error. Which for you, would be game over because

• You would put yourself in the position of paying your buyer's demand
• You would not have very much of a case to transfer those costs to your solicitor

Essentially, see my earlier post, your solicitors error, while unhelpful, is hardly damning to your case. Your case is that you did not enter into any obligation over the driveway and certainly not into an obligation that was binding on your buyer. You did not mislead your buyer as to any deal involving the driveway and your buyer will not be able to produce evidence of any such commitment. If buyer has paid anything, he has been misled into paying by others making false representations and his claim is against them.

If you have anyone who lives nearby, who understands the layout and whom you trust, you should get them around there to take a few photos and see if any work has actually been done.

Pricivius

As others have said, a CCJ is one possible outcome of bringing a claim against someone in the civil court - it is not simply a case of pressing a button online or filling out a form. As far as I am aware, bringing a claim against someone based outside England and Wales is more difficult due to jurisdictional issues, and even if they get that right and serve on you correctly, you then have to file a defence and eventually attend a Hearing. And so on - it certainly isn't as easy as is suggested. It looks to me as if they are trying to scare you into handing over the money.

I would write back to them, confirming that you agreed nothing with the neighbours over the driveway. Simple. Their solicitor should have advised them that the driveway was shared and a simple inspection should have made it clear that it would need resurfacing soon. This is not your problem.

londonlydia

Sorry to jump in, I'm no expert but I was interested in this thread because I'm looking at a house tomorrow-with a shared drive that may need to resurfaced soon!

This is my first ever house visit, first time buyer etc....and even I know that shared drives cause issues etc (in my case I think the house may be worth it). I'm guessing the people viewed the house before they bought it? Did they not walk up the drive????
Even at best, did the house survey not highlight this issue to them? I think:
a)it did, in which case they chose to ignore it and proceed (have they got a copy of that still?
b) they got a rubbish survey (in which case its also kind of their fault);
c) it didnt really need doing, and they got pushed into it by their pushy neighbour!

Sounds like to me they probably have put themselves into a sticky situation financially, making them desperate, and hoping a bit of cheeky pressure will pay off. Stand your ground I'd say!

Emy1501

Seems like buyer is trying his luck here. He knew drive was shared ownership and any survey would have said if any work was needed.

He can issue proceedings but the proceedings will need to be served and you are entitled to enter a defence and attend a hearing if you wish to defend.

Personally I would withdraw any offer made and suggest he issues court proceedings if he believes he has a case. Unlikely and solicitors will take this on as costs are limited in small claims court and most they would be able to get is a £200-£500 which is small change when you think solicitors can charge up to £200 an hour. Plus the fact that unlikely judge will award in claimants favour plus the hassle of trying to serve proceeding against you abroad.

Thrugelmir

nthUK wrote: »

as we were talking about the driveway repairs previously to selling the place to relocate abroad.

Was this information clearly disclosed to your buyers prior to the sale completing. Along with the potential cost of said repairs given that quotes had been obtained.

societys_child

Thrugelmir wrote: »

Was this information clearly disclosed to your buyers prior to the sale completing. Along with the potential cost of said repairs given that quotes had been obtained.

It shouldn't really matter. They'd discussed repairing the drive and looked into the cost. As far as we know that was all.

If we agreed to have a meal together and split the bill 50/50, but never got around actually having a meal, I wouldn't owe you half the cost of a meal you had with someone else.

just my opinion . .

Thrugelmir

societys_child wrote: »

It shouldn't really matter. They'd discussed repairing the drive and looked into the cost. As far as we know that was all.

Still a material disclosure. As may have been reflected in the amount offered for the property.

DVardysShadow

Thrugelmir wrote: »

Still a material disclosure. As may have been reflected in the amount offered for the property.

I don't see it as a material fact. In looking at the possibility of doing the work, no legal obligation was entered into or created.

Buyer would be or have been entitled to refuse to pay for any work done and would have had to have given consent for the work if anyone was going to make a claim against them. If OP had consented to the work, neighbours should have pursued OP themselves.

The only way an obligation could have been created which would make OP's buyer responsible is for the OP to have consented as owner, under deed, so as to bind successive owners and occupiers to the obligation.

Thrugelmir

DVardysShadow wrote: »

I don't see it as a material fact. In looking at the possibility of doing the work, no legal obligation was entered into or created.

So if a local authority search showed up something. You would regard that as immaterial as well. As it may or may not happen. When deciding whether to purchase a property?

vax2002

BLUFF.
write back saying you will look forward to the opportunity to defend the claim in court and will defend any claim for trying to get you to foot the bill of home improvements made to their new home.
That the driveway, was the one they walked down in to viewing the property and sold in that condition, any improvments to this driveway will increase the value of their home and you are not at liberty to fund home improvements, you sold them the home, not a maintenance plan.