Solicitor accounting error- do I have to pay them back?

kinger101

Of course you have to pay it back. It's theft if you don't.

Kynthia

You must have known you had to pay the solicitor fee that you were quoted at the start plus this mortgage fee. Are you honestly saying you didn't notice you weren't being asked for this £1000? If they had put it in the invoice you would have paid it so you surely can pay it now. Unless this all happened a while ago and you've spent your savings, so need to offer a repayment plan, you should have this money to pay them.

TBagpuss

So, your solicitor was generous enough to pay the fee for you so you didn't lose your purchase and your response is to try to argue you shouldn't pay it back?
Classy.
How were you planning to pay it? You did budget for it, didn't you?

TimSaafawl

Thanks everyone, I made an error in not reading the specific point on my mortgage document concerning the deduction of the fee from the advance, but I would have expected the solicitor to pick this up in the process, at which point it would have been no problem to pay, and not a surprise. Since then, with a new house to furnish, it's been an expensive time. Some of your comments were helpful; I will arrange to pay the solicitors back, but some of you who were negative or judgemental, no need for that cheers, I'm clearly only seeking advice.

xylophone

Do I have to pay them back this shortfall if they made this accounting error?

some of you who were negative or judgemental, no need for that cheers, I'm clearly only seeking advice.

Injured innocence?

The advice required being that you were perfectly within your rights to withhold payment?

How could you possibly have been in doubt?

TimSaafawl

seriously dear, enough now

fairy_lights

TimSaafawl wrote: »

seriously dear, enough now

Dear?
There's no need to be patronising to people who are only offering you advice.

Richard_Webster

You will have to pay but the solicitor will have to accept instalments that you can afford. Contact him to arrange something.

Kynthia

I don't believe it was you solicitor's job to explain your mortgage arrangement. They don't sell or advise on mortgages and only get involved with them once you've chosen a mortgage and had the offer. It was between you and your broker to know how to pay your mortgage fees. Hopefully anyone else reading this will look at their documents more closely know, so your post could help others.

matttye

kinger101 wrote: »

Of course you have to pay it back. It's theft if you don't.

No it's not. It would be theft if his solicitor had overpaid him by £1,000 and he refused to pay it back, but it's not theft to refuse to pay £1,000 which the solicitor has paid to his mortgage company.

He could be sued in the small claims court though.