Legal claim after selling house while bankrupt

Mr2018

Yes I think that is an important observation. I have to reach out to my ex regarding this, but she is not responding to me or our original solicitors correspondence. So far the buyers solicitors do not have either of our new addresses so all letters are going to our original solicitors.  We are not on speaking terms sadly and I don't know her whereabouts. 

GrumpyDil

Just to be clear. Are they claiming for existing damage related to a flood which occurred prior to you selling the property and where the flood was disclosed in the PIF?

If so  they are definitely taking the proverbial. The time to have raised this as an issue was before they purchased the property not afterwards.  

Do you have insurance with legal cover or if you work access to any legal helpline through that, just so for your own piece of mind, you can get formal advice.

Brie

Or does your employer or industry organisation have any legal cover available?  

Mr2018

They want damages to items they have discovered after the sale but were 'damaged' by the flood prior to the sale.  To the value of £9,000 they are asking for.  New carpets, skirting boards etc.  

The exact wording I put on the PIF was [ticketed yes to question has the property flooded] "Aug 20 - Road drain blocked by leaves, resulted in surface water / rainfall building up from heavy storm that overwhelmed blocked drain and entered integral garage. Drains have been unblocked since."

I suppose summarising it, it comes down to this.  I think now they believe prior to the sale that it 'only' flooded the garage and convinced themselves it did not get into the house and now they are convinced it did get the house quiet badly.  I put "entered the integral" garage not limited to. They had access to this information prior to committing to the sale.  I also have an email from the estate agents of a conversation they had where the flooding was mentioned and the buyer was not "unduly concerned".  So have I unintentionally mislead them by putting in the garage* or did they have enough information to investigate, ask questions, do a survey etc and failed to do any of that.  So they have not done their due diligence under Caveat Emptor (or buyer beware)

I have never thought to check if my employer has any legal cover available, it never crossed my mind.  I will look into the tomorrow.  I am currently living with family and so have no other insurance (other than motor) in my name I could access.  I have reached out the a law clinic today following the information given here.

GrumpyDil

Hm. If that is the exact wording you may have a problem as that could be taken to suggest water only got into the garage. If you had said entered via the integral garage I would have said differently. 

Hopefully if your employer provides any sort of staff legal assistance line then definately get their view. If not I'd try and get some advice anyway before any further communication with them. 

The plus side is that if they do decide to pursue this it will likely go via the small claims track. That has the advantage of meaning they will not be able to claim solicitors fees. 

Mr2018

I must admit I thought I had wrote 'via', but in any case does damp carpets constitute flooding The integral is counted as the main house so I have said the main house flooded? And I still believe my best defence is they did not take/use this information to do ANY of their own checks, they claim they relied on the information I provided.  Is it their own fault if they do not do their checks? 

GrumpyDil

Let's leave this thread to die a natural death and just ask your questions on the other thread.

They are entitled to rely on your answers which us why you need to answer accurately and to the best of your knowledge. 

I think the wording is important so suggest you actually quote the exact wording provided on your other thread. Also clarify if the water remained in the garage, in which case how did you end up with damp carpets/skirting or did actually get into other parts of the house. 

newsgroupmonkey_

This is an interesting hypothetical though, what if they went to court and won?

Could you go bankrupt twice at the same time? Or do you go bankrupt the minute you're discharged?

Are they aware that you're bankrupt?

DCFC79

Other thread here https://forums.moneysavingexpert.com/discussion/6328058/defending-a-misrepresentation-claim#latest

newsgroupmonkey_

I'm still intrigued though. If this went through, as the problem occurred prior to being discharged, is it still included in bankruptcy?