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Stamp duty overpayment

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Comments

  • stocks1j
    stocks1j Posts: 25 Forumite
    10 Posts First Anniversary
    davidmcn said:
    stocks1j said:
    davidmcn said:
    If you've got a case, just do it yourself, it's not rocket science.
    Hi David, the only thing in the case of doing it myself is liability for costs if the case is not water tight I guess.
    Are there any costs for the initial claim? (other than the professional fees if you're engaging somebody to do it on your behalf)
    Not that I know of no, please take a look at my reply to MWT regarding my original solicitor wanting to claim for me now too (with no fees etc)
  • MWT
    MWT Posts: 10,346 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 2 December 2020 at 9:38PM
    I certainly understand their concern, as if you did go with the 'no win, no fee' offers from a third party, the logical step after a win would be to seek to recover the fee from your original solicitor, and they will not want to take the hit on their insurance premium.
    ...but... I struggle to see how you can legitimately prevail if the full details are known, as your property really doesn't seem to meet the qualifying standard. So for me at least, this is the point where I'd stop, as it seems mendacious to file a claim for a refund in the knowledge that there is a key deficiency in the property.
    As ever it is your call and you should rely on the advice you are receiving from the professionals, just make sure it is advice you are entitled to rely on and not just a sales pitch...
  • stocks1j
    stocks1j Posts: 25 Forumite
    10 Posts First Anniversary
    MWT said:
    I certainly understand their concern, as if you did go with the 'no win, no fee' offers from a third party, the logical step after a win would be to seek to recover the fee from your original solicitor, and they will not want to take the hit on their insurance premium.
    ...but... I struggle to see how you can legitimately prevail if the full details known, as your property really doesn't seem to meet the qualifying standard. So for me at least, this is the point where I'd stop, as it seems mendacious to file a claim for a refund in the knowledge that their is a key deficiency in the property.
    As ever it is your call and you should rely on the advice you are receiving from the professionals, just make sure it is advice you are entitled to rely on and not just a sales pitch...
    Thank you MWT I have decided against going for this refund in the end, glad I looked into it though, as a rule of thumb I never rush into anything like this. Speaking with my own solicitor for some sound advice they are in 2 minds so I will more than likely leave it
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