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Stamp Duty Mistake by Solicitor

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  • saajan_12
    saajan_12 Posts: 5,089 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would get the £400 (and any interest they request) paid to HMRC and see if you can get some confirmation it is settled as far as they are concerned. That way you stop any further interest/penalties and followup from HMRC with a more manageable sum than the full £1200.

    You owe the solicitors £800 in disbursements they paid at the time of the sale. They owe you for any penalties / interest you paid HMRC as they didn't request the money in time. You should agree to offset this and pay the balance. If you can't agree, the solicitors would have to sue you for the £800, but I expect your counterclaim for the interest/penalties would have the same result for you.
  • Bossypants
    Bossypants Posts: 1,286 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    House insurance?

    It won't come through immediately, though. If it happens at 11pm on a Friday (as these things seem to have a way of always doing), you're going to need to front the money yourself before you can get on to the insurance company.
  • I don't see why the solicitors are still wanting the second £800 returned rather than just counted towards the total owed. (They may need to make sure it has been credited by HMRC to the right account.)

    As HMRC have been paid £1600 then interest should only be chargeable on the £400 remaining. HMRC charges interest at 3% (2.75% from last August) so it would be less than £24, and I agree that interest (and any penalties that HMRC may charge) should be paid by your solicitors as it was their !!!!-up.
  • Mel_Wood
    Mel_Wood Posts: 8 Forumite
    I don't see why the solicitors are still wanting the second £800 returned rather than just counted towards the total owed. (They may need to make sure it has been credited by HMRC to the right account.)

    As HMRC have been paid £1600 then interest should only be chargeable on the £400 remaining. HMRC charges interest at 3% (2.75% from last August) so it would be less than £24, and I agree that interest (and any penalties that HMRC may charge) should be paid by your solicitors as it was their !!!!-up.
    I 'm not sure if they still want the second £800 returned or not now, to be fair to them. When they applied for the refund they were still mistakenly thinking it was overpaid. Since HMRC pointed out there was still a shortfall because solicitor got the numbers wrong, I suspect they've now realised the HMRC wont return it to them...

    Will see what the plan to sort it out is later hopefully. Many thanks all
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