Previous owners undeclared invoice

Jrobo

They sent me a copy of the adoption certificate from the water company with a letter from the water company confirming the drains had been adopted following the work. They also gave me the survey (carried out in 2004/5 I might add), which details the problems with the drains. I also have some maps they have sent to me. I have plenty of invoices from them for the work though, they have helpfully sent me three since march!

Jrobo

Richard_Webster wrote: »

I assume this is a house not a flat.

Normally if works are done for a previous owner it is his responsibility.

Would it be the council's responsibility to track the previous owner down? They sent me a copy of the deeds that they had (due to the previous owner being a right to buy from them) and highlighted sections regarding the conducting media being the owners responsibility. Obviously though if the work was done 2006/7 this would be the previous owner?

BlueAngelCV

Jrobo wrote: »

They sent me a copy of the adoption certificate from the water company with a letter from the water company confirming the drains had been adopted following the work. They also gave me the survey (carried out in 2004/5 I might add), which details the problems with the drains. I also have some maps they have sent to me. I have plenty of invoices from them for the work though, they have helpfully sent me three since march!

That's all very nice of them but none of that proves that it is your responsibility!

I would write to them telling them that the works were carried out prior to your purchasing the property and telling them that they should contact the previous owners, giving their sols details if possible (I'm sure you have already done all this but I think it helps to restate in clearly if they're not listening). If they maintain that it is your responsibility then ask them to provide evidence that the invoice has been charged to the property.

Richard_Webster

Quote:
Originally Posted by Jrobo
They sent me a copy of the adoption certificate from the water company with a letter from the water company confirming the drains had been adopted following the work. They also gave me the survey (carried out in 2004/5 I might add), which details the problems with the drains. I also have some maps they have sent to me. I have plenty of invoices from them for the work though, they have helpfully sent me three since march!
That's all very nice of them but none of that proves that it is your responsibility!

I would write to them telling them that the works were carried out prior to your purchasing the property and telling them that they should contact the previous owners, giving their sols details if possible (I'm sure you have already done all this but I think it helps to restate in clearly if they're not listening). If they maintain that it is your responsibility then ask them to provide evidence that the invoice has been charged to the property.

I agree. I used to work for a local authority and we in the legal department were often telling other departments that they couldn't do what they thought they could. These days many Councils have contracted out their legal advice, so the department in question may be operating under a mistaken idea of the law and hasn't had any actual legal advice about it.

They sent me a copy of the deeds that they had (due to the previous owner being a right to buy from them) and highlighted sections regarding the conducting media being the owners responsibility.

Yes, but that simply means that if work is done they can send a bill to the then current owner.

Jrobo

Richard_Webster wrote: »

I agree. I used to work for a local authority and we in the legal department were often telling other departments that they couldn't do what they thought they could. These days many Councils have contracted out their legal advice, so the department in question may be operating under a mistaken idea of the law...

I was a tad naive about this and so haven't actually sent anything in writing but I will send the letter that you both have suggested, thanks.

The invoices I received and the person with whom I have been speaking are from their Legal Services dept. I have spoken with the manager, who told me she was a solicitor and, in no uncertain terms, that I would have to pay.

Ignite

Keep denying this debt. I would guess that the reason it has surfaced now is that it is coming to the end of the 6 year (currently at over 5 years) statute of limitations period and somebody in the council is looking at unpaid bills.

BitterAndTwisted

They can send all the copy invoices they like but that doesn't prove your liability. If there was no charge on the property how the blazes could your solicitor be expected to carry out due diligence on the purchase? They've screwed up by taking their eyes off the ball and are expecting you to cough up without a murmur. Please do not be intimidated by them.

Jrobo

Thanks for your replies. I will be writing to them over the weekend and speaking to the CAB on Tuesday. In the meantime, should I cancel the claim I have started with my household insurance company? And should I send the letter recorded delivery?

princeofpounds

If you have spoken to your insurer, it might not be wise to cancel the claim. You might not get a hance to restart it. Ask them.

Also expect your premiums to rise a bit now. Unfortunately many insurers are now recording almost any kind of contact as a 'claim' in their system even if it doesn't actually result in one being completed. There was a big section on Watchdog about it recently, and I also experienced it with vehicle insurance (other party at fault, no damage, but they never confirmed the matter was settled so I had to notify the insurer in case they tried on a claim later.)

Jrobo

I have read through the paperwork/invoices that they have sent me and although the works I am being billed for we're carried out prior to my owning the property, the scheme was only completed in 2010. (when the water company adopted the drains) this was due to the work completed in 2006/7 being unsatisfactory and remedial works having been undertaken (which the council took responsibility for and paid for as the contractor had gone into administration).

I still think that liability should not lie with me due to the fact that a series of events caused the works not to be billed before we purchased the property as well as there being no charge made against the property (I have looked through all of my paperwork and I have the searches to prove this.)

I maybe having a bit of a wobble but I just wanted clarification before I sent the letter that I am actually right.