Removal company charged for delay which wasn't our fault

afteranswers

Hi all,

We moved house just before Christmas and there was a delay in getting our keys. We completed on the day stated in exchange of contracts, but during completion delay our solicitor said that our buyer's solicitors hadn't processed the funds on time, meaning we didn't receive our keys until 5pm.

The delay (from around 11am to 3pm) has cost us more than £500 in waiting time from the removal company. Our solicitor says that even though our buyer's solicitor was at fault, they are not obligated to cover any costs. Is there any way to recoup this money?

user1977

Did you contract to have the movers finished at 11am? Seems optimistic, I would have assumed 3pm a likely time for them to finish..

FlorayG

read your small print from the removals company. I think you will find this is common practice after all you are keeping usually 3 men at whatever hourly rate they are on sitting around getting paid.

theartfullodger

You are at liberty to sue whoever you wish, small claims.  Doubt you'd win though...

Have you read all the relevant conditions??

afteranswers

FlorayG said:

read your small print from the removals company. I think you will find this is common practice after all you are keeping usually 3 men at whatever hourly rate they are on sitting around getting paid.

Thanks for commenting. It's not so much the removal company charging, which I completely understand and is within their terms - it's more that the fault was not our end and was the result of a solicitor within the chain and therefore I'm wondering if there is a way to recoup the money from that, due to it being their error.

afteranswers

user1977 said:

Did you contract to have the movers finished at 11am? Seems optimistic, I would have assumed 3pm a likely time for them to finish..

Thanks - it's not the removal company I'm concerned with hugely, it's more that their costs are as a result of an error not made by us, hence I'm wondering if it's likely or if anyone has previous experience in attempting to recoup these costs from the solicitor firm at fault?

user1977

Any penalties for late completion would have had to be in the contract with your buyers, and you've already had your solicitor's advice about that.

You have no relationship with any solicitors in the chain other than your own.

AskAsk

completion day is any time on completion day before close of business as far as I understand.  As you had completed by 3pm (although you couldn't pick up the keys until 5pm), there is no breach of contract as I don't remember completion having a time deadline on the day itself.

sort of thing that happens quite often if there is a few properties in a chain.

saajan_12

afteranswers said:

Hi all,

We moved house just before Christmas and there was a delay in getting our keys. We completed on the day stated in exchange of contracts, but during completion delay our solicitor said that our buyer's solicitors hadn't processed the funds on time, meaning we didn't receive our keys until 5pm.

The delay (from around 11am to 3pm) has cost us more than £500 in waiting time from the removal company. Our solicitor says that even though our buyer's solicitor was at fault, they are not obligated to cover any costs. Is there any way to recoup this money?

What are the actual times involved? Presumably the movers weren't only contracted until 11am as you could have received the keys after the money was transferred 1 min before 12 noon with no one breaching? 

Also you're saying its your buyer's breach, but there are a number of steps after that:
- buyers solicitor transfers to your solicitor
- your solicitor transfers to seller's solicitor
- seller's solicitor informs seller / EA to hand over keys
- seller / EA hands over keys

There would be some frictional time for those steps which the buyer wouldnt' be responsible for, and would just be down to you leaving a buffer. 

chanz4

nope you are liable unless took the removal firm waiver

Hoenir

How many parties were below you in the chain?