Seller failing to complete on sale of flat - Help!

DaftyDuck

Mi5tery, & Mrs,

I have Alcoholics Anonymous, The Samaritans, and UN Peacekeeping forces on speed-dial and US Marine Corps on standby. Take yer pick, and let us know more. I feel a long night for us, let alone for you. I'm really hoping for a happy outcome... or a damn good read at least....

Best wishes, keep posting....

rpc

Oh come on! I've run out of popcorn already. At least let us know how much more we need to buy.

zarf2007

mi5tery wrote: »

Welcome back!

My CS called and dropped the bombshell on me.

I googled addresses local to the VS/pawn brokers and having spoken to some neighbours discovered that the was not a solicitors firm at the VS's address. The pawn brokers had moved in approximately a year earlier. I informed my CS of my investigations upon which she called the SRA (Solicitor's Regulation Authority) to report this matter. Oh yeah I forgot to mention, there was apparently a scam alert out on the same VS name on the SRA website since the start of May that my CS missed. The SRA however confirmed that the details of the VS which my CS had were correct with the exception of the email address (there was no mention of this).

After my CS spoke to the SRA she informed us that the SRA would now investigate and we should cease our investigations as it may tip off any possible fraudsters. Also, that we should take no further action and await a response from the SRA within 24hrs - this included contacting the police - the SRA would do this if this was required. (SIDENOTE: If you feel you should contact the police, do it, doesn't matter what anyone says).

So we waited... (a long night)

Next day, the SRA still had not gotten back to our CS and on top of this our CS apparently had to leave the office early for some matter. Before she left for the day however she called the SRA and tried to get an update - the person dealing with the matter was apparently unavailable. Our CS asked to be a little more patient and if the SRA called her office they would be transferred to a director at her firm who would contact us as necessary.

So we waited... (another long night)

The next day, my CS spoke to the SRA and apparently they were still investigating. Furthermore she could not share anything with us, her hands were tied by the SRA, however we should continue to wait until she gave us further instructions. Also, the SRA had asked her to submit to them a report of events - a report I might add that she was apparently unable to share with me! By this time we had had enough. I told her that the SRA do not have any say over me, I would report this matter to the police as the way thing look right now, all my funds had been stolen - funds which I'd borrowed from friends and family and to whom I'd need to give an explanation.

Meanwhile the Mrs was researching similar stories and trying to find what our possible options could be. Sadly, she found horror stories of people having lost sums of over £million to scam artist in house sales. We were well.. let's just say pretty darn scared at this stage.

Oh and btw in order to report fraud in this day and age one has to do it online - don't even think of going to a police station, they'll just direct you to the actionfraud website - which we eventually did having given the SRA and our CS over 48 nail biting hours (I REPEAT: If you ever feel you need to report something to the police, do it regardless of anything anybody says and don't delay).

I may have to stop for today... work night and all.

mi5tery

You've probably seen this already but it looks like the same scammers that took those fools action conveyancing for a ride and lost their clients money...

http://www.todaysconveyancer.co.uk/failure-to-use-lawyer-checker-cited-in-negligence-claim-cms-13546

kunekune22

I hate to say this, but the fact that the information warning of this solicitor was available may be your saving. It sounds as though the 'vendor' will have no assets, despite having taken (we suspect) all your money. However, your solicitor should have checked the other solicitor, and I wouldn't be surprised to know that not to do so was negligent. If that's the case, you may find that your CS's insurance becomes rather important.

rrtt

Sorry if I'm being thick, but what I don't get is -

Whose house/flat is it anyway? According to what MrsMi5tery posted on p1 "Vendor definitely owns the property. Solicitor checked, and we checked ourselves too."

So his name is on the Title Deeds along with his D.O.B. and NI number. Therefore unless he's done a moonlit flit to outer Mongolia or somewhere where we don't have an extradition agreement, he can be traced and brought to court. If found guilty, the house could be seized as an asset? (proceeds of crime etc) tho if mortgaged I guess the mortgage company would have first claim to the house. But it would be impossible to run this scam more than once unless (eg) a vendor owns several buy to let properties?

It just seems a stupid crime to try and commit as your real name and identity would be so bleedin obvious & you'd be relatively easy to track down. But there again perhaps I just don't have the mindset it takes to be a criminal con man!!

lord_tyrannus

This actually happens a lot more than people realise it's just the SRA and law society manage to keep a good lid on it

From reading through your thread either this is a extremely complex scam involving a lot of people or your solicitor is extremely inept.

If I were you i'd instruct a solicitor to start litigation immediately and also try and draw as much attention to your case as poss. The daily mail had an article of this recently so it might be worth contacting them . It would also be worth complaining to the legal ombudsman

Really your solicitor should of picked up they were being defrauded but then as other people pointed out they shouldn't of let you exchange on a flat that tenated but was being sold as no tenant in place. I'd also not being happy that you'd had to work out yourself that it's a pawnbrokers when you mentioned earlier your solicitor had assured you the money was safe

duchy

Popping more popcorn in anticipation

mi5tery

Hi all,

I only just got home a moment ago, so will see how much energy I have for continuing my story, but before I do let me just reply to a few posts.

sooz wrote: »

Oh come on, atleast bullet points and fill gaps in later, like...

:eek: police
:eek: tenant in drag was actually pawnbroking solicitor
:eek: tesco bag for life
:eek: drain pond
:eek: finally cold g&t in new house. Just don't mention the garden.

LOL - I've never been a fan of spoilers (so worry not grifferz), so I'm afraid no can do... besides I'm beginning to think maybe you should give me your thoughts of the story, it'll probably be better than mine anyway!
(ROFLOL @ "just don't mention the garden").

rrtt wrote:

This has been reading like a penny dreadful - BUT, Mr & Mrs Mi5tery, fear not. At the end of the day/week/nightmare, you have the raw material for a block-buster TV drama which doesn't even require you to use your imagination! You both write well, and I have every expectation that you'll make millions from the TV, film and book rights, with royalties piling up for years to come to give you not just a mere flat or house, but a country pile, a yacht, and a Bahamian holiday home to boot! Seriously, you couldn't make it up!

You've put a smile on our faces. Thank you for your lovely comment.

dibuzz wrote:

Can't wait to read the rest of this, don't work too hard Mi5tery

Did I mention I just got home?

DaftyDuck wrote:

Mi5tery, & Mrs,

I have Alcoholics Anonymous, The Samaritans, and UN Peacekeeping forces on speed-dial and US Marine Corps on standby. Take yer pick, and let us know more. I feel a long night for us, let alone for you. I'm really hoping for a happy outcome... or a damn good read at least....

I clicked on the hyperlinked thread regarding the great dane... From the first three posts alone I am in hysterics. I dare not read further else I'll never finish my story!

rpc wrote:

Oh come on! I've run out of popcorn already. At least let us know how much more we need to buy.

LOL, have you tried the Butterkist sweet style ones? Sorry, I'll try get back to the story quickly.

zarf2007 wrote:

You've probably seen this already but it looks like the same scammers that took those fools action conveyancing for a ride and lost their clients money...

That's just unbelievable. If I say what I'm thinking right now about those scam artists I'll probably get banned form the forums, suffice to say it's not kind! BTW, for those of you who are buying a place do insist that your solicitors uses lawyerchecker before transferring any monies (it will only cost you £12).

kunekune22 wrote:

I hate to say this, but the fact that the information warning of this solicitor was available may be your saving. It sounds as though the 'vendor' will have no assets, despite having taken (we suspect) all your money. However, your solicitor should have checked the other solicitor, and I wouldn't be surprised to know that not to do so was negligent. If that's the case, you may find that your CS's insurance becomes rather important.

Good observation - watch this space!

rrtt wrote:

Sorry if I'm being thick, but what I don't get is -

Whose house/flat is it anyway? According to what MrsMi5tery posted on p1 "Vendor definitely owns the property. Solicitor checked, and we checked ourselves too."

So his name is on the Title Deeds along with his D.O.B. and NI number. Therefore unless he's done a moonlit flit to outer Mongolia or somewhere where we don't have an extradition agreement, he can be traced and brought to court. If found guilty, the house could be seized as an asset? (proceeds of crime etc) tho if mortgaged I guess the mortgage company would have first claim to the house. But it would be impossible to run this scam more than once unless (eg) a vendor owns several buy to let properties?

It just seems a stupid crime to try and commit as your real name and identity would be so bleedin obvious & you'd be relatively easy to track down. But there again perhaps I just don't have the mindset it takes to be a criminal con man!!

rrtt you're confused as your message follows the assumption that it is the vendor and that's provable... I'm not saying you're right/wrong... follow the story!

lord_tyrannus wrote:

This actually happens a lot more than people realise it's just the SRA and law society manage to keep a good lid on it

From reading through your thread either this is a extremely complex scam involving a lot of people or your solicitor is extremely inept.

If I were you i'd instruct a solicitor to start litigation immediately and also try and draw as much attention to your case as poss. The daily mail had an article of this recently so it might be worth contacting them . It would also be worth complaining to the legal ombudsman

Really your solicitor should of picked up they were being defrauded but then as other people pointed out they shouldn't of let you exchange on a flat that tenated but was being sold as no tenant in place. I'd also not being happy that you'd had to work out yourself that it's a pawnbrokers when you mentioned earlier your solicitor had assured you the money was safe

Another good observation and advice - thanks.

Right... now to continue with the story...

mi5tery

time2deal

Mi5tery. You are such a tease!

rrtt

Hi Mi5tery

I do get the point that the vendor's solicitor is a fake/scammer - but don't see how they could be running the scam without the collusion of the vendor ...