Seller lied on house sales forms. We need to prove she has assets so we can take her to court.

PinkCristal

Hi all, sorry, I can't see how to respond to individual comments. Could you please help? I'm keen to reply to all comments and questions as they are very helpful. Thank you.

CosmicDaisy

PinkCristal said:

Hi all, sorry, I can't see how to respond to individual comments. Could you please help? I'm keen to all comments and questions as they are very helpful. Thank you.

Bottom left on the post you want to reply to you'll see the word Quote next to Thanks. Click on Quote on the question you want to answer and it will load the question in your reply box so you can type under it.

user1977

PinkCristal said:

user1977 said:

Why can't your own solicitor give you further advice? Surely this is their daily bread and butter? 

Her team have tried to track the vendor's assets without success. 

What have they done so far?

PinkCristal

CosmicDaisy said:

PinkCristal said:

Hi all, sorry, I can't see how to respond to individual comments. Could you please help? I'm keen to all comments and questions as they are very helpful. Thank you.

Bottom left on the post you want to reply to you'll see the word Quote next to Thanks. Click on Quote on the question you want to answer and it will load the question in your reply box so you can type under it.

Thanks for your help, much appreciated

saajan_12

PinkCristal said:

user1977 said:

Why can't your own solicitor give you further advice? Surely this is their daily bread and butter? 

Our solicitor is through our house insurance as we paid a legal expenses premium. She said she's happy to take on our case if we can prove the vendor has assets but under the agreement with our insurer she cannot progress if there is no likelihood of us receiving compensation from the vendor. Her team have tried to track the vendor's assets without success.  Our solicitor said we could try the small claims court but with the £10,000 limit we don't think that is the best option. She also said if the seller's assets become known and we've already gone to the small claims court, we wouldn't then be able to proceed with any further action.

How much are you seeking and how much would the solicitor's cut be (presumably a % of the win)?

Through small claims yes there's a lower limit, but also lower risk if you lose (no court costs for the other side) and if you win then you keep all of it. Through multi track or a higher limit civil court (which will be what this solicitor is planning), you risk having to pay the other side's legal costs if you lose, or pay a % of the win to your solicitor if you win. You're also assuming you / your solicitor can prove £x0,000s of damage which will be scrutinised more for higher amounts. While you may have a strong case, it only needs to fall down in one area and the other side will also be legally represented to find any holes.

PinkCristal

Grizebeck said:

Your solicitor isn't very bright 
Issue a claim yourself in the county court.(unless free legal cover)
If you win the case then issue a statutory demand and threaten her with bankruptcy 
9/10 that is highly effective . Then take the next step( if needed)
She won't be able to hide assets from the OR if she refuses to play ball

I bet your solicitor hasn't suggested that

Thanks for your advice. We have legal cover through our home insurance but they won't act for us until it can be proved the seller has assets. Issuing a claim ourselves in the county court - is that the same as the small claims court and what would the cost be approx? What happens if we don't win the case though? Would we have to pay the seller's legal fees?  Also, what's "the OR"?

CosmicDaisy

PinkCristal said:

Grizebeck said:

Your solicitor isn't very bright 
Issue a claim yourself in the county court.(unless free legal cover)
If you win the case then issue a statutory demand and threaten her with bankruptcy 
9/10 that is highly effective . Then take the next step( if needed)
She won't be able to hide assets from the OR if she refuses to play ball

I bet your solicitor hasn't suggested that

Thanks for your advice. We have legal cover through our home insurance but they won't act for us until it can be proved the seller has assets. Issuing a claim ourselves in the county court - is that the same as the small claims court and what would the cost be approx? What happens if we don't win the case though? Would we have to pay the seller's legal fees?  Also, what's "the OR"?

Official Receiver, were she to be made bankrupt.

Grizebeck

You can issue a claim over 10k . It's Just a different track of the county court.
The costs are on the government website which gives issuing and hearing fees

sheramber

PinkCristal said:

Grizebeck said:

Your solicitor isn't very bright 
Issue a claim yourself in the county court.(unless free legal cover)
If you win the case then issue a statutory demand and threaten her with bankruptcy 
9/10 that is highly effective . Then take the next step( if needed)
She won't be able to hide assets from the OR if she refuses to play ball

I bet your solicitor hasn't suggested that

Thanks for your advice. We have legal cover through our home insurance but they won't act for us until it can be proved the seller has assets. Issuing a claim ourselves in the county court - is that the same as the small claims court and what would the cost be approx? What happens if we don't win the case though? Would we have to pay the seller's legal fees?  Also, what's "the OR"?

The solicitor is not going to proceed unless they know their costs will be paid by the other side.

If the seller has no assets then they won't get payment.

Grizebeck

sheramber said:

PinkCristal said:

Grizebeck said:

Your solicitor isn't very bright 
Issue a claim yourself in the county court.(unless free legal cover)
If you win the case then issue a statutory demand and threaten her with bankruptcy 
9/10 that is highly effective . Then take the next step( if needed)
She won't be able to hide assets from the OR if she refuses to play ball

I bet your solicitor hasn't suggested that

Thanks for your advice. We have legal cover through our home insurance but they won't act for us until it can be proved the seller has assets. Issuing a claim ourselves in the county court - is that the same as the small claims court and what would the cost be approx? What happens if we don't win the case though? Would we have to pay the seller's legal fees?  Also, what's "the OR"?

The solicitor is not going to proceed unless they know their costs will be paid by the other side.

If the seller has no assets then they won't get payment.

But if it's on the small claims track then costs are limited and their legal costs won't reclaimable in most circumstances