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Problem with Mortgage, Solicitor and interest.

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  • Would it not have been good practice for the solicitor to have warned the client they will be receiving a bill for the interest and have kept them fully informed of any problems in the first place? Is it common to leave a bancruptcy search so late in the day?
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  • silvercar
    silvercar Posts: 49,617 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Would it not have been good practice for the solicitor to have warned the client they will be receiving a bill for the interest and have kept them fully informed of any problems in the first place? Is it common to leave a bancruptcy search so late in the day?

    This is why I suggested going easy on the solicitor at this point.

    What with the funds arriving the day before the Easter break, I wonder if this bankruptcy search is a total red herring. The funds may have been applied for with the plan to complete on Easter Tuesday and there may be another reason for the buyer not getting the keys until the Friday.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • DFS
    DFS Posts: 37 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    This is what I have so far as a letter. Please feel free to edit or improve it :)

    Dear ??????

    Thanks you for all your help in assisting with my mortgage and legal details.

    I have however, received an interest payment request from ?????? Mortgages for the sum of £335.00 which they claim is interest from the 5th April to the 19th April 2007. As I only received my keys on the 13th April, I am upset to be told that I have to pay from the day that the money was transferred to yourselves and not completion date. I also am upset that the completion date was held up due to further searches being made after you had requested the money and had it in your account.

    I have been in contact with The Law Society and they have advised me that I should not be paying interest when the contact was not completed.

    I am therefore asking to be refunded the interest that I feel I should not have been charged for due to the completion date being extended for no fault of my own.

    I look forward to hearing from you

    Yours sincerley
  • silvercar
    silvercar Posts: 49,617 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    All my comments in post 11 still stand and I would speak to your solicitor first. but I have made some comments in blue:

    DFS wrote: »
    Dear ??????

    Thanks you for all your help in assisting with my mortgage and legal details.

    I have however, received an interest payment request from ?????? Mortgages for the sum of £335.00 which they claim is interest from the 5th April to the 19th April 2007. As I only received my keys on the 13th April, I do not understand why the money was transferred prior to this date.I am upset to be told that I have to pay from the day that the money was transferred to yourselves and not completion date. I also am upset that the completion date was held up due to further searches being made after you had requested the money and had it in your account.Could you explain why it was that the money was requested before all searches had been carried out.

    I have been in contact with The Law Society and they have advised me that I should not be paying interest when the contract was not completed.[is this true?]

    I know I am entitled, under Law Society Part C rule 24, to the interest on the money drawn down, as it was in your client account for longer than a week and I am also [STRIKE]therefore[/STRIKE] asking to be refunded the interest that I feel I should not have been charged [STRIKE]for [/STRIKE]due to the completion date being extended for no fault of my own.

    I look forward to hearing from you

    Yours sincerley
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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