Mortgage redemption early repayment charge - Solicitors fault

topaz345

Thanks for your response KingStreet. I thought that may be the case.

hamster2013

i dont see how the solicitor failed here?
you informed him that notice had to be given otherwise there would be a penalty:

1. you did not ASK him to give the notice - since you chased him so many times as you state, did you ever, in those chases, ask if the notice had been given? or did you wait till this last moment to learn about this?

2. Why did you not give the notice yourself?

holly_hobby

topaz345 wrote: »

I did tell the solicitor early on that the mortgage company needed 1 months notice or there is a penalty charge. He now seems a bit hazy in his recollection!

But thats not the same as instructing him to provide the notice.

Did you make it clear that you required him to notify the lender on your behalf ?

If not, then as already stated, whom was assumed to be providing notice seems to be the issue, in that (without formal instruction) it appears he assumed you were giving it, and you assumed he was giving it ... the result ... no one gave it !

So, unless you have proof of written instruction to your conveyencer re this requirement, then you may well find that the complaint is rejected.

No harm in initially complaining to the practice manager and seeing where this takes you I suppose.

Hope this helps

Holly

Wh05apk

I would assume that if you were instructing the solicitor to deal with the sale, then responsibility should lie with them, I accept that this is unusual (only come across this a couple of times - Beacon?) but given that you highlighted this on the redemption statement, the solicitor should have queried this?

As Kingstreet says, I think this warrants a complaint.

topaz345

Thank you to everyone who took the time to respond. I am going to make a formal complaint as I had advised the Solicitor about the fee with an earlier redemption statement which he hazily recollects - well at least he did until I tell him I want to complain!

Thanks again.

Michelle