redemption amount messed up

mcmoby69

on a house sale, the solicitor paid over the funds left after mortgage redemption and fees were paid.
24hrs later he rang to request £3000 back as there had been an error.

i then used what was left to pay of an outstanding loan.

48hrs later, another phone call demanding another £2500

the solicitor had acted on a verbal redemption figure when finalising but, the figure was wrong twice!

where do i stand legally?

thanks for any help:)

Thrugelmir

You owe the money. That's the bottom line.

Lemonsqueezer78

Legally, you have to pay what you owe. From your post it seems that you were paid a total of £5,500 more than you should have been. Yes, it is remiss of your solicitor to have made the error in the first place, but did you really not notice this yourself? Its not exactly a small amount...

What was the total you were paid back? If this was tens-of-thousands I can perhaps understand how you could yourself have overlooked a minor (in relative terms) variance. However if that was not the case, then it seems unlikely that you could not have realised this was a mistake and simply decided to see if you would get away with no one noticing the error. In which case you are unlikely to get much sympathy (or advice on how to keep any of it) around here.

davidmcn

Lemonsqueezer78 wrote: »

it is remiss of your solicitor to have made the error in the first place

Unless the solicitor is lying, it was a result of errors by the lender in the figures they gave.

mcmoby69

I'm not disputing the fact that the money is owed, I'm annoyed that mistakes were made by the mortgage company (twice) ,and, the fact that the solicitor acted upon a verbal figure from the mortgage company.

I was surprised by the first figure which it was put into a savings account, when I was contacted 24hrs later with an amendment figure I transferred money back immediately. You don't expect a c*ck up twice!

Due to negligence I have had to put a charge on another property which I have the pleasure to be paying interest on. This was arranged and is being paid to the solicitor who did the conveyancing
Hardly my fault yet I am paying for it.

Thanks for the replies

davidmcn

mcmoby69 wrote: »

I'm not disputing the fact that the money is owed, I'm annoyed that mistakes were made by the mortgage company (twice) ,and, the fact that the solicitor acted upon a verbal figure from the mortgage company.

This is pretty commonplace - the alternative would often be to delay completion until the lender gets around to sending a statement (and those can be inaccurate too).

Thrugelmir

mcmoby69 wrote: »

I'm not disputing the fact that the money is owed, I'm annoyed that mistakes were made by the mortgage company (twice) ,and, the fact that the solicitor acted upon a verbal figure from the mortgage company.

Was a draft completion statement provided to you? Did you check it over.

mcmoby69

Thrugelmir wrote: »

Was a draft completion statement provided to you? Did you check it over.

no completion statement on paper, contract was completed, fees paid, money paid over to me, 24 hrs later money demanded back,(paid) and then again 48 hrs later another demand .

personally I think the solicitor messed up. would be interesting to see what others think..

glosoli

It's a pain in the !!!! but really nothing you can do I am afraid as previously pointed out. At the end of the day what is the solicitor supposed to do, be £2,500 down, due to what would appear to be an error on the part of the bank?