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Move from hell, purchasers failed to complete HELP!

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Comments

  • sinizterguy
    sinizterguy Posts: 1,178 Forumite
    Blackmail is an act, often a crime, involving unjustified threats to make a gain or cause loss to another unless a demand is met. It is coercion involving threats of physical harm, threat of criminal prosecution, or threats for the purposes of taking the person's money or property.

    Seems to match the very definition of blackmail.
  • Don't contact him personally OP. It will do you no good. Get through completion, let your solicitor deal with the lawsuit for the costs, and get on with your life. In a few years time this will make hilarious dinner party conversation. (I know it doesn't feel like it now by the way!)

    Also, don't name and shame. The man is inept at managing his finances, and this will cost him a lot of money. He has been an idiot and put you through a lot of stress. But he is no criminal/danger to the public, nor is he about to screw over the next person. Naming him would be a vindictive thing to do and not help your cause to get the legal things dealt with quickly and smoothly. Keep to the moral high ground.

    I hope you will enjoy living in your new home soon.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    The temptation is certainly there to name them.

    Personally, I would think its a more workeable strategy for OP to contact Duffhead personally (as soon as he is safely in possession of his new house) and tell him words to the effect of "There are 2 ways we can play this:

    - You pay up what you owe me promptly and do the right thing by other people in the chain as well. Do this promptly and without any of us having to go to Court to make you do so. IF you do, then we'll let you off the hook.

    - If you don't and decide to play silly beggers and make us all go through Court to get you to pay up then your reputation gets it...

    I would think its more effective to hold the fear of exposure over this mans head as a way of getting him to pay up promptly, rather than actually naming him right now. If you name him right now then you've "fired your gun" and have no ammunition left to get him to pay up without putting you all through having to take him to Court.

    "Keep your powder dry" and ready in case of need would be my estimate of the best way to deal with this man.

    At a very pragmatic level, naming him now might have consequences for his income (ie him getting sacked from this organisation for having "brought it into disrepute") and, if his income gets hit, then his ability to pay up might be hit with it. Does this sound like voice of experience time here? <wink>. Well...it works.

    Good grief. "Duffhead" doesn't owe the OP anything. It's the OP's buyer who is in breach of contract and he / she is a different person somewhere else in the chain.

    If you sign a contract to say you will buy someone's house it is up to you to ensure funds are in place. This area of law does not recognise 'he didn't pay me so I can't pay you' - which is why everyone sues down the chain.

    The only person who has to worry about suing the bottom of the chain is whoever is next to last. Who probably really is bricking it as they are about to be hit for a bill for everyone else's out of pocket expenses including whatever they incurred themselves.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Megamonty, I hope it goes through for you today ok.

    Does your solicitor say this thing about paying your vendor's costs up front is acceptable? What are you going to do, how much is he talking about?

    I would think silvercar is right, that they would be breaching their contract to complete also, for failing to complete for an unreasonable reason. Surely everyone's costs should be sought in a separate case to the move itself. I hope so.

    I've got everything crossed for you.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    All this is putting me off ever moving again. One law website I saw said that its not uncommon for non completing buyers to do a runner rather than pay costs. Doesnt sound like this guy can, but imagine if you are sued for the costs of your entire chain only to find that the guy below you has run off to Borneo.
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    All this is putting me off ever moving again. One law website I saw said that its not uncommon for non completing buyers to do a runner rather than pay costs. Doesnt sound like this guy can, but imagine if you are sued for the costs of your entire chain only to find that the guy below you has run off to Borneo.

    Don't be put off. Failure to complete (after exchange) is exceptionallyrare. I seem to remember a similar thread where one of the conveyancing solicitors who posts on here said they'd encountered it once in about 25 years. Cold comfort to OP because it's awful when it happens, but they have been extremely unlucky. :(
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 14 January 2015 at 11:34AM
    nevermind nevermind
    Changing the world, one sarcastic comment at a time.
  • kwmlondon
    kwmlondon Posts: 1,734 Forumite
    Just want to say that I keep logging in to find out how this situation is progressing. I have huge sympathy for the OP and really hope this pans out okay in the end.
  • The fact he hasn't been around for a few hours now seems hopeful that he is busy elsewhere, ie moving.
  • rosie383
    rosie383 Posts: 4,981 Forumite
    I was hoping the same. I really hope it works out for you today OP.
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
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