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Issues with First Plus and solicitors after moving home

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Back in the early part of this year me and the family decided we needed a bigger house. It was our first house to house move (prev 1st time buyers), so we really didnt know too much of what we were doing.

We got ourself a solicitor, filled out all the forms, got the mortgage increased and everything went nice and smooth.

4 weeks after moving, we had a call from the soicitor informing us that our £21,000 secured loan with first plus had not been transfered across with us. Basically the loan is now secured on a house we dont own or live in.

I was really annoyed as i assumed this was something the solicitir was payed to do and it was noted on our forms with them about the loan.

Well, everybody has put the onus on us to sort this out and since then it has gone messy.

We contacted first Plus and they said we had to fill out some forms, pay a fee and then they would look to transfer the loan. As we beleive it was the solicitors fault we got them to pay the fee.

The First Plus came back and informed us that the refuse to move the loan, I have never missed a payment with then in 8 years but as i have a CCJ they told us to take a run and jump. We informed them that the loan they have isnt secure on our house and we had already moved, but no budging. On top of that my £21,000 loan after 8 years has a repayment of over £23,000.

The solicitor of the house we used to live in is threatining to sue us and our life is a misary.

What can i do?

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    I would probably post this in the house buying section of the forum.

    They may have come across something similar before or at least know where to turn next.
    It sounds like not only has your solicitor messed but that so has the solicitor that acted for your buyers (by not ensuring this debt was repaid).

    Edit - I see you already have posted there.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • antrobus
    antrobus Posts: 17,386 Forumite
    n300zxtt wrote: »
    ....The First Plus came back and informed us that the refuse to move the loan, I have never missed a payment with then in 8 years but as i have a CCJ they told us to take a run and jump. We informed them that the loan they have isnt secure on our house and we had already moved, but no budging. ....

    That's not your problem is it? If you carry on making the repayments on the loan it won't make any difference. It's First Plus that will have the problem if you default and they try and repo someone else's property.
    n300zxtt wrote: »
    ....The solicitor of the house we used to live in is threatining to sue us and our life is a misary.

    That might be your problem. But understand this, that solicitor is clearly a complete and utter incompetent fool, because he (or she) allowed their client to purchase a property without ensuring that the prior charges were settled. (And as things stand, they are the ones that will be left carrying the can.) So I suspect the threat to sue you is an empty threat. Report them to the SRO.





    What can i do?[/QUOTE]
  • geoffky
    geoffky Posts: 6,835 Forumite
    HAha..What a mess for everyone apart from you..sit back and watch the fun...
    seriously you need good legal advice for this and i just can not see how they can transfer the charge to your new house....get good legal advice as you need it..and post on house buying as richard webster does not venture over here..He is a conveyancer of good repute..
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
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