Nice People Thread No. 14, all Nice and Proper

vivatifosi

Fantastic news Sue! Congratulations to you both, what a relief.

Nikkster

I've just had 30 minutes of the best luck. Arrived at the Eurostar terminal 37 minutes before departure (my fault entirely). Check in closes 30 min before the train goes. Huge queues
Took a chance on the non-EU queue, then they started sending people from the other queues! Made it through before they even announced the platform

Have just swapped seats twice so people could sit together as some kind of repayment for my good fortune.

silvercar

Advice nice people.

We bought a BTL flat a few months ago using a solicitor who is a friend and who has handled property purchases in the past.

A week ago we get a bailiffs letter claiming we owe ground rent. I contact the solicitor who confirms that the ground rent owing was paid over by the vendor's solicitor at the time of completion. he agrees to chase this up. Today he emails to say that the freeholder now accepts that the ground rent was paid but that their charges for the debt collectors still need to be paid! Our solicitor asks if we are prepared to pay this in order to close the matter and avoid fees from him in taking it further! I don't know if it is reasonable or not.

My options are:
a) to say no and leave him fight on our behalf to get the debt colection fees removed (but then have solicitor fees)
b) suggest to him he should be doing this free, but he is a friend and he obviously feels it is reasonable to charge.
c) to pay under protest just to close the matter.
d) anything else?

hjd

silvercar wrote: »

Advice nice people.

We bought a BTL flat a few months ago using a solicitor who is a friend and who has handled property purchases in the past.

A week ago we get a bailiffs letter claiming we owe ground rent. I contact the solicitor who confirms that the ground rent owing was paid over by the vendor's solicitor at the time of completion. he agrees to chase this up. Today he emails to say that the freeholder now accepts that the ground rent was paid but that their charges for the debt collectors still need to be paid! Our solicitor asks if we are prepared to pay this in order to close the matter and avoid fees from him in taking it further! I don't know if it is reasonable or not.

My options are:
a) to say no and leave him fight on our behalf to get the debt colection fees removed (but then have solicitor fees)
b) suggest to him he should be doing this free, but he is a friend and he obviously feels it is reasonable to charge.
c) to pay under protest just to close the matter.
d) anything else?

Surely if it was paid, and the freeholder accepts it was paid, then the freeholder should bear any costs arising from their error.
In any case, how could it be your responsibility? It was never your debt. Maybe I'm missing something?

silvercar

hjd wrote: »

Surely if it was paid, and the freeholder accepts it was paid, then the freeholder should bear any costs arising from their error.
In any case, how could it be your responsibility? It was never your debt. Maybe I'm missing something?

That is what I thought, but the freeholder or their agents, are refusing to accept that they should bear the costs of their error and our solicitor is saying that either he fights this (that incurs a cost to us) or we pay it.

He is suggesting that it would be cheaper for us and less hassle just to pay it.

vivatifosi

Would GM be a good person to ask, on the board one up from this?

Nikkster

How frustrating viva. Was the number they were given a genuine talk talk one? (It doesn't prove they weren't scammed if it was, but if it wasn't the police might be interested?)

Silver car - does the leasehold say anything about situations like yours? What would happen if you didn't pay? I couldn't see their claim standing up in court surely? That if they make an error the other person is still liable for fees incurred... surely an unfair clause. Do you have any legal cover with your insurance?

zagubov

hjd wrote: »

Surely if it was paid, and the freeholder accepts it was paid, then the freeholder should bear any costs arising from their error.
In any case, how could it be your responsibility? It was never your debt. Maybe I'm missing something?

How on earth can the vendor's solicitors pursue this further once it's admitted it's their error that they mistakenly involved debt collectors?
How on earth does their mistake concern you (SC) in any way?

vivatifosi

Nikkster wrote: »

How frustrating viva. Was the number they were given a genuine talk talk one? (It doesn't prove they weren't scammed if it was, but if it wasn't the police might be interested?)

No it wasn't. They escalated it to their manager while I was on the call and tested the number. We've been given a special code to put into the phone so that if it happens again, the call can be traced. You hang up, then type a code and then three asterisks and it does something to it.

I think they are taking such things to the police, but they still can't say which details have been stolen. Grrrrr....

Generali

silvercar wrote: »

That is what I thought, but the freeholder or their agents, are refusing to accept that they should bear the costs of their error and our solicitor is saying that either he fights this (that incurs a cost to us) or we pay it.

He is suggesting that it would be cheaper for us and less hassle just to pay it.

I'd post it here:

http://boards.fool.co.uk/legal-issues-practical-51110.aspx?mid=13285617

and hope that one of the legal eagles like IoWPete or Clitheroe Kid pick up on it.

How much is the debt? If it's a few hundred or less I'd be inclined to pay, perhaps negotiating with the debt collection company to see if they'll meet you part of the way.