Pulled out before exchange - invoiced for costs!!

jtm8866

Crashy_Time wrote: »

It will cost them more to recover than you owe? They have enough to worry about trying to shift over-priced boxes in a stalled market, I wouldn`t worry too much about this, but in future you would need to be very clear about your position in various scenarios before signing anything.

Lesson learnt I guess, thanks for the advice.

Crashy_Time

joseph.tpja wrote: »

Lesson learnt I guess, thanks for the advice.

No problem

cloo

Sounds like developers trying it on to me - this sounds like the kind of condition that absolutely needs a written down clause about these costs being borne by you in such circumstances, so they're just trying to put the scare on you, hoping you'll pay up.

Katapolt

as someone who works for a small developer, we will not make any requested changes to a property unless they have exchanged, and if they haven't by the time we have ordered things, its tough.

i dont think they have a leg to stand on, and seeing as they made a change the the plans, you have every right to do what you did. dont let them bully you. i hope it all works out.

jtm8866

Katapolt wrote: »

as someone who works for a small developer, we will not make any requested changes to a property unless they have exchanged, and if they haven't by the time we have ordered things, its tough.

i dont think they have a leg to stand on, and seeing as they made a change the the plans, you have every right to do what you did. dont let them bully you. i hope it all works out.

Thanks for the comment.
I will let them take this to court.

steampowered

jtm8866 wrote: »

@steampowered

I have already replied to the estate agent denying any liability but now received invoice from developer and the estate agent threatening me that they'll work with the developer's solocitor to get this cost reimbursed from me.

Regarding the 'letter before action', since I understand that they don't have any legal basis here, Can they still issue me such letter or take me to court?

I'm more worried about additional legal costs to defend myself.

The legal process says that, before court proceedings are issued, the claimant should write the defendant a 'letter before action' clearly explaining the basis on which the claimant proposes to bring a claim.

The defendant is supposed to be given at least 14 days to respond to that.

Until you receive a 'letter before action', you don't actually know what the legal basis is for the claim. Until the claimant has actually put forward a properly articulated claim you don't know what you are defending (or if you will be defending anything).

So I think you should sit tight until (if) you receive a letter before action.

The estate agent sounds like he speaks all sorts of nonsense, so there is nothing more you need to say to him other than to confirm that you deny all liability for this.

jtm8866

steampowered wrote: »

The legal process says that, before court proceedings are issued, the claimant should write the defendant a 'letter before action' clearly explaining the basis on which the claimant proposes to bring a claim.

The defendant is supposed to be given at least 14 days to respond to that.

Until you receive a 'letter before action', you don't actually know what the legal basis is for the claim. Until the claimant has actually put forward a properly articulated claim you don't know what you are defending (or if you will be defending anything).

So I think you should sit tight until (if) you receive a letter before action.

The estate agent sounds like he speaks all sorts of nonsense, so there is nothing more you need to say to him other than to confirm that you deny all liability for this.

You are correct.
I guess, I was panicking as soon as I got the invoice from the developer, failed to think it through. But what you're saying makes sense.
For now, I will just respond to the developer simply denying any liability due to no contract being exchanged and then wait for further correspondence from them.

Thanks for the advice.

pimento

Take the name of the development out of your post up thread. I found it with a simple Google search and MSE comes up high on a search. You don't want them to know what you're planning to do - keep your powder dry.

jtm8866

pimento wrote: »

Take the name of the development out of your post up thread. I found it with a simple Google search and MSE comes up high on a search. You don't want them to know what you're planning to do - keep your powder dry.

Nice catch, didn't realise that I copy-pasted the name here.
Thanks for the heads up:beer:

Mahsroh

Haven't contributed to this thread, but found it a fascinating read, and I wholeheartedly agree with the consensus that the developer doesn't have a leg to stand on. Even if they did, the figures they've quoted you are ridiculous (I'm a Quantity Surveyor!). But, given that there is no justification for claiming the costs, the quantum is a moot point anyway!


I wish you every success with this dispute, and will be subscribing to this thread. Please do keep us posted and let us know how it plays out! Good luck!