still embroiled in uncle expenses dispute

calleyw

faerielight,

I know you from other thread. So know you have had a tough time.

Pop over to the housing board there are people on there who can help with the eviction notice.

It has been done right. As other wise it will take time. Its horrible to receive such a notice. But as a tenant you do have rights.

You take care

Yours

Calley x

faerielight

aww thanks calley and Yorkshire

TBagpuss

Worst case scenario is that it could jeopardise your purchase if he won't hand over the funds.

You are right to instruct your solicito not to echxchange contracts until you have the funds, so ensure you are not in breach of contract.

It may be worth speaking to your solicitor about the time constriants. If the only outstanding issue is your uncles claim against the estate then it ought to be possible to release a further interim payment to you, and it may be worth asking your solicitor whether you would have any claim against your uncle in his capacity as executor, if he fails to deal with the estate promptly. If so, then a warning letter making clear that you reserve the right to do so, and pointing out that this could include consequential losses such as an lost conveyancing costs and even the difference in the cost of a property now and when you finally get the money, might be in order. Do talk to your solicitor who will be able to advice you about whether or not you would have any grounds for such a claim first, of course.
You may also want to check whether your solicitor advises writing to normal withdraw the offer of £7,000, since the time limit is up. (it may count as automatically withdrawn, but making this clear at the same time as warning that you will hold him personally liable for failing to administer the estate properly may focus his mind!)

Yorkshireman99

TBagpuss wrote: »

Worst case scenario is that it could jeopardise your purchase if he won't hand over the funds.

You are right to instruct your solicito not to echxchange contracts until you have the funds, so ensure you are not in breach of contract.

It may be worth speaking to your solicitor about the time constriants. If the only outstanding issue is your uncles claim against the estate then it ought to be possible to release a further interim payment to you, and it may be worth asking your solicitor whether you would have any claim against your uncle in his capacity as executor, if he fails to deal with the estate promptly. If so, then a warning letter making clear that you reserve the right to do so, and pointing out that this could include consequential losses such as an lost conveyancing costs and even the difference in the cost of a property now and when you finally get the money, might be in order. Do talk to your solicitor who will be able to advice you about whether or not you would have any grounds for such a claim first, of course.
You may also want to check whether your solicitor advises writing to normal withdraw the offer of £7,000, since the time limit is up. (it may count as automatically withdrawn, but making this clear at the same time as warning that you will hold him personally liable for failing to administer the estate properly may focus his mind!)

It might also be worth getting FL's solicitor to remind the uncle's solicitor that as an officer of the court (s)he imay liable for wasting their client's time and money ny continuing this ludicrous claim. IMHO time to play hardball!