Solicitor Asking For Additional Payment to Clear Chargeback 4mths After Completion

tyor

Could do with some advice.

We sold our property to fund the purchase of another. The sold house had a charge back on it which was to be cleared with proceeds from the sale. We understood this was the case upon completion of the sale, while the rest was used on deposit and renovation on the new house. We completed over 4 months ago and now the solicitor has come back informing us that they calculated the redemption figures wrong and that the charge back was yet to be cleared.

My question is, are we even obliged to entertain their calls at all, let alone be held responsible for their ineptitude?

This same messing up of figures happened on two previous occasions where on one occasion I had to point out the error.

anselld

You have to pay the charge, yes. You must have known they made a mistake at the time. You are not being held responsible for their ineptitude, just for settling your own debts.

tyor

Hi,

I was/am aware of our obligations to pay the chargeback. That was why we went through the pains of double checking with them what the final figure was. They even sent a revised completion statement to this effect.

What I don't understand is how the house could have been sold with the chargeback still on it. In addition, if it is determined that this latest of a series of errors is right, are we legally obligated to pay this?

anselld

Whichever calculation is correct is the one you have to pay. I am struggling to see why it would be difficult to determine the correct figure.

The fact that the solicitors have made a series of errors is irritating but not relevant to the reality of how much you owe.

TBagpuss

once you have cleared the charge, you may be able to make a complaint against the solicitor, on the basis that they should ahve checked more carefully.

Did they not send you the final completion statement to check?

stator

I would check that their calculations are correct, pay any outstanding balance and then start formal complaints against the solicitors in question. That does sound like a bad service. You may be able to wrangle some compensation out of them.

chanz4

Don't pay them you WILL end up in court

G_M

tyor wrote: »

Hi,

I was/am aware of our obligations to pay the chargeback.
Then pay it.
That was why we went through the pains of double checking with them what the final figure was.
So you made a mistake when you double checked as well as them?
They even sent a revised completion statement to this effect.
Which you checked? And failed to spot any error?

What I don't understand is how the house could have been sold with the chargeback still on it.
Typically houses are sold wih the Charges still on them, but with an under-taking that the Charge will be removed later using the proceeds of the sale.

In addition, if it is determined that this latest of a series of errors is right, are we legally obligated to pay this?

If the latest figure supplied by the solicitors is the correct figure, yes, you are legally obliged to pay it.

If it is not correct, then you do not legally have to pay it.

So......... check the figures!

tyor

Ok. So we are legally obligated to pay. I will explore all options before acceding to this. Can anyone advise on the formal complaint procedure to take on this?

Southend1

Why not just pay what you owe and get on with your life?

kingstreet

A solicitor settling a charge over a property is reliant on the redemption figure provided by the chargeholder.

We don't know if the chargeholder supplied incorrect information to the solicitor.

Either way, the solicitor has to provide unencumbered title to the property to the purchaser's solicitor and as things stand hasn't done so for whatever reason.

Settle the sum in question and raise a complaint addressed to the Managing Partner asking for an investigatation.