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Balancing Charge with no retention fund
Mancstu
Posts: 1 Newbie
Hi
I purchased my first apartment in Oct 2017. I received a balancing charge for 2017 in July 2018. After speaking to my solicitor they stated I was not liable as the some of the money is still liable by the previous owners and I should pursue payment back from them (I paid the amount so not to incur arrears charges). The previous owners have stated that as no retention fund was agreed during the sale they are not liable. My solicitor never requested one and I was never asked. My now to pursue through small claims but the sellers are holding firm to nor etention fund so there solicitor states no pro rata money for when they owned the flat is due (£250). Anyone have similar experience and know are they liable.. is my solicitor at fault (who doesn’t seem to want to pursue anything) or should I just give up
All advice appreciated.
I purchased my first apartment in Oct 2017. I received a balancing charge for 2017 in July 2018. After speaking to my solicitor they stated I was not liable as the some of the money is still liable by the previous owners and I should pursue payment back from them (I paid the amount so not to incur arrears charges). The previous owners have stated that as no retention fund was agreed during the sale they are not liable. My solicitor never requested one and I was never asked. My now to pursue through small claims but the sellers are holding firm to nor etention fund so there solicitor states no pro rata money for when they owned the flat is due (£250). Anyone have similar experience and know are they liable.. is my solicitor at fault (who doesn’t seem to want to pursue anything) or should I just give up
All advice appreciated.
0
Comments
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Be careful with taking the matter to court if you don’t have an airtight case.
It will cost you £25 to file the claim (if you do it online - £35 if you do it on paper). You then have another £25 fee for the hearing. If you lose you could have to pay the other sides costs of £90 per day (or part of) plus travelling expenses. And you’ll have your own costs/loss of earnings etc to factor in.
Therefore, given the relatively low value of the claim and the potential weaknesses it may not be worth risking costs of £140 to try and recover £250.0
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