Delayed completion with over £2,000 costs incured and emotional distress.

Doozergirl

GDB2222 said:

Natrov83 said:

"book in to a hotel' we only had the clothes on our backs, 

it has massively affected my youngest daughter as well, she has been having nightmares.

You have my sympathy. Our house burnt down, and we too ended up with just the clothes on our backs. We bought clothes, and made an insurance claim.

You can claim all your expenses, including what you have to pay to settle any claims from your buyers.  

Puts it in perspective somewhat.   Bad, but not that bad.  Everyone went to sleep in their own beds.  

GDB2222

Doozergirl said:

GDB2222 said:

Natrov83 said:

"book in to a hotel' we only had the clothes on our backs, 

it has massively affected my youngest daughter as well, she has been having nightmares.

You have my sympathy. Our house burnt down, and we too ended up with just the clothes on our backs. We bought clothes, and made an insurance claim.

You can claim all your expenses, including what you have to pay to settle any claims from your buyers.  

Puts it in perspective somewhat.   Bad, but not that bad.  Everyone went to sleep in their own beds.  

Exactly so. We bedded down in my in-laws' home, but we were all alive, and all together.

This was 25 years ago, but my recollection is that we arrived at M&S an hour before closing, and we bought clothes for two parents and five (!) children, plus sleeping bags, and cases to take it all away. I see people complaining about M&S, but they accrued a lot of goodwill in our family that night.

Flugelhorn

GDB2222 said:

Doozergirl said:

GDB2222 said:

Natrov83 said:

"book in to a hotel' we only had the clothes on our backs, 

it has massively affected my youngest daughter as well, she has been having nightmares.

You have my sympathy. Our house burnt down, and we too ended up with just the clothes on our backs. We bought clothes, and made an insurance claim.

You can claim all your expenses, including what you have to pay to settle any claims from your buyers.  

Puts it in perspective somewhat.   Bad, but not that bad.  Everyone went to sleep in their own beds.  

Exactly so. We bedded down in my in-laws' home, but we were all alive, and all together.

This was 25 years ago, but my recollection is that we arrived at M&S an hour before closing, and we bought clothes for two parents and five (!) children, plus sleeping bags, and cases to take it all away. I see people complaining about M&S, but they accrued a lot of goodwill in our family that night.

They certainly can be very good - I remember being in the one in Nottingham after the Kegworth air crash. relatives had been put on flights from Belfast in just the clothes they stood up and M&S were sorting out clothes for them all, (airline was paying) - they did similar after the Brighton bombing as everyone at the Hotel was in their pyjamas and had a conference to go to 

Skiddaw1

GDB2222 said:

Doozergirl said:

GDB2222 said:

Natrov83 said:

"book in to a hotel' we only had the clothes on our backs, 

it has massively affected my youngest daughter as well, she has been having nightmares.

You have my sympathy. Our house burnt down, and we too ended up with just the clothes on our backs. We bought clothes, and made an insurance claim.

You can claim all your expenses, including what you have to pay to settle any claims from your buyers.  

Puts it in perspective somewhat.   Bad, but not that bad.  Everyone went to sleep in their own beds.  

Exactly so. We bedded down in my in-laws' home, but we were all alive, and all together.

This was 25 years ago, but my recollection is that we arrived at M&S an hour before closing, and we bought clothes for two parents and five (!) children, plus sleeping bags, and cases to take it all away. I see people complaining about M&S, but they accrued a lot of goodwill in our family that night.

Goodness @GDB2222 that must have been quite a time. I bet you still relive it. Thank heavens you were all OK...

OP, sorry your move was so traumatic but hopefully you'll be able to put it all behind you in due course and enjoy your new home.

saajan_12

Natrov83 said:

I was hoping someone would be able to give me some advice, we was due to complete on the 21st September after the most stressful journey, we exchanged on the 20th, - whoop! At that point, you're willingly entering a contract to buy / sell, accepting whatever mortgage conditions and stress beforehand. 

we completely packed all of mine, my husbands and 2 daughter possesions in to the removal companies trucks ready to move into our new house, we waited all day and at 4.30pm I had a phone call off my buyer to say that their buyers solicitor had not requested his deposit in time, his deposit was £60k, he only had a limit of £20k a day that he could pay out, his solicitor did not request this until the day we had agreed to complete, and due to him having an Islamic mortgage because we did not complete that day they had to send his funds back the same day, long story short we did not complete until 4.45pm on the 23rd September, - stupid of the buyer/their solicitor.. between them they should have made sure they know the deadline to transfer deposit, checked the transfer limit and done it earlier via bacs or paid the chaps fee. But end of the day, you're 2 days delayed in completion, with resulting costs claimable from the party that breached (buyer)

to add extra stress to this our mortgage offer was due to end on the 26th September, and as we had signed contracts we was legally binding, all solicitors in the chain including the one who was incompetent enough to ask for his clients deposit to late was well aware, he let us all exchange knowing his client would be unable to complete, - so the mortgage offer expired after they actually completed, so no problem in the end. If it did go on beyond 26th, then you may have been able to extend, or if not then claimed increased mortgage costs as well. 

we was in the worst position we had nothing, every possession we owned was in the trucks, which had to go back to the removal companies yard over 20 miles away, we was left stranded with 2 children and 3 dogs, all my solicitor could say was "book in to a hotel' we only had the clothes on our backs, - well that is the correct advice.. the (reasonable, mitigated) costs for hotel, storage, etc would be claimable from the buyer. At that point on the 21st, the only relevant advice is book a hotel. What else did you want them to say?

we told our solicitor that we would not exchange contracts and we would pull out if we had to renew our mortgage offer as it would have been increasing significantly if we had to renew, any agin every solicitor in the chain was aware of this and the estate agents, we exchanged contracts with the, not once did my solicitor advise me not too, they gave me know valuable advise, - your mortgage offer lasted beyond your completion date, so there was no further issue for your solicitor to advise on. Whether the buyer has transferred their deposit is between the buyer + their solicitor. The EA, your solicitor and anyone else in the chain has no visibility over this. 

and when i asked where i stood after exchange in I pulled out due to our mortgage offer ending she said you could be sued, so it was either go for another mortgage offer which would take a number of weeks which we would be getting penalties for plus over £18k extra over the fixed term or be sued, the emotional destress was so terrible, for us all, - that's correct.. but there'd be no need to pull out. You'd just continue as planned and if the buyer delayed beyond the 26th, you'd either work out an alternative or claim the 18k from them. 

we did complete with 15 minutes to go before our mortgage funds would have had to be sent back but the removals company charged us an extra £2100 for storing our items and being on stand by and that's without having to buy clothes, food extra. All my solicitors are saying is take your buyers to a small claims court. - right, that £2100 is direct damages from the buyer's breach. You could have bought clothes, food, and paid for accommodation within reason, and claimed this too. Either your solicitor writes a letter demanding the damages, or if that fails then you sue your buyer in small claims court for the costs from those 2 days and any reasonable court costs etc to recover the money. Again, what else do you want them to say, they've given the correct advice. 

I am so angry and upset by the whole ordeal, it has massively affected my youngest daughter as well, she has been having nightmares. - I'm sorry this happened and I understand it would have been stressful and logistically challenging for a couple of days there. However you do need to put things into perspective.. its a simple contract breach, by someone who now owns a house. You were told you could book into a hotel, your costs would be covered so there was no homelessness or need for nightmares. 

Really could do with some deep breaths and clear bulleted issues. I'll attempt to comment in line, but the key advice is just focus on the specific contractual claims, and forget the rest. 

Its a simple contract breach, and while it would have been stressful / busy at the time, you were told to book a hotel, and the removals people stored your belongings, so no homelessness or loss of possessions.
The bits about mortgage offer expiring and £18k costs didn't happen and if they had, you'd have dealt wiht them and/or claimed costs as they came.
The party that breached now owns a house, you know the address - so you can claim costs in small claims, and have a decent chance at recovery, so no worries of ongoing financial loss. 

Calm down, start the court claim and otherwise move on with life.