solicitor asking for money 3 years from completion

furby-2003

Hi completed my house in june 2022. 
I have today had an email from my solicitors asking for 1030 that is outstanding 
They have forwarded an email i was apparently sent in December 2023 with a financial statement but I don't have a copy of this and i certainly don't have a letter.
Looking at it the difference is in what the mortgage company gave them 
Im a single parent on benefits (part time) about to be made redundant on the 31st dec and today found out my car is not fixable so now have no car. I do not have 1030 in any way shape or form. 

Any advice?

MWT

I'd always start from the question 'is it correct?'

Was there anything expected from the lender beyond the loan itself? ... cash-back or similar?

£1,030 is a big difference and shouldn't be hard to work out where it has come from as if it is a shortage from the lender then that should also be visible in the initial starting point for your mortgage?

furby-2003

The difference from what i can see on the 2022 financial statement and todays is on the mortgage advance. I was given £17106.31 back in 2022 as i over mortgaged due to the house needing work and to pay off debts. They say they received £33695 in 2022 but today they say it was 32665. the long and short of it I don't have that kind of money end of!

ACG

As someone has said, is it correct? Assuming it is, then talk to them. Explain you are being made redundant in December and at the moment do not have the ability to make payment or even a payment plan. 

Presumably you are looking for a job, so ask if you can contact them later in the year once the future is a little clearer.

Ultimately they cant get blood from a stone. But they can take you to court, obtain a CCJ and potentially get bailiffs down. Obviously you dont want that and I very much doubt that is the route they want to go down. 

The only time I have ever done a small claims court claim against people who owe me money is when they ignore me or when they try dragging it out forever and a day. I hate doing them, but ultimately I will do it as its taking money away from my family. Talk to them, explain the situation and be reasonable. I could be misreading your posts (because of the exclamation marks) but getting annoyed and saying your on benefits so cant/wont pay is likely to end up going down one route - and probably not with the outcome you want. 

swingaloo

furby-2003 said:

The difference from what i can see on the 2022 financial statement and todays is on the mortgage advance. I was given £17106.31 back in 2022 as i over mortgaged due to the house needing work and to pay off debts. They say they received £33695 in 2022 but today they say it was 32665. the long and short of it I don't have that kind of money end of!

Then you need to let them know your circumstances and hope hey will arrange a payment plan for you.

furby-2003

Hi yes sorry i wrote this in panic mode. My mental health is in a bad place and I spent the afternoon in tears and that was before I got the email from the solicitors. I'd already been speaking to the national debt helpline the day before because im already overbudget and struggling and this pushed me over the edge yesterday. I'm going to try calling them again today, 

This was the email

Sent for and on behalf of 

 

Dear 

 

I refer to my email below and financial statement attached.  I note that I do not appear to have heard from you in response or received any payment from you.

 

Please can you arrange to make payment as soon as possible please so that I can arrange to close your file.

 

I look forward to hearing from you.

 

Kind regards,

 

 BELOW IS THE EMAIL SENT THAT I DIDN'T SEE IN DECEMBER - This is the only contact i have had about the matter. 

 

Sent for and on behalf of 

 

Dear 

 

Further to completion of your purchase, the Land Registry have now completed the registration of your title and I enclose a copy of the Official Copy of Register Entries for your information.

 

I have been notified by my accounts department that there is an amount outstanding on our ledger which is due to your mortgage advance being £1,030 less than anticipated on my original financial statement.  I attach an updated financial statement showing the balance due from you for this amount and I should be grateful be grateful if you could arrange payment of the same.  When making payment please could you quote reference PJK/64232-3.

 

If you have any queries please do not hesitate to contact me.

 

Kind regards

 

 

MyRealNameToo

So this is a breach of simple contract so the law of limitations is 6 years so they are well within the timescales the law gives them to pursue you for the debt. 

Do the numbers look right? Was the mortgage less than you originally told them? 

Ultimately you owe the money and so probably worth trying to arrange a repayment plan with them

silvercar

swingaloo said:

furby-2003 said:

The difference from what i can see on the 2022 financial statement and todays is on the mortgage advance. I was given £17106.31 back in 2022 as i over mortgaged due to the house needing work and to pay off debts. They say they received £33695 in 2022 but today they say it was 32665. the long and short of it I don't have that kind of money end of!

Then you need to let them know your circumstances and hope hey will arrange a payment plan for you.

^^^ This ^^^^

They don’t know your situation at all. All they know is you were able to afford to buy a property a few years ago.

You need to email them back and say at the present moment you are experiencing mental health issues as well as having debt issues, to the extent that you are receiving support from the a national Debt line.

You could also ask them why this debt was allowed to occur and for a full account of your purchase expenditure so that you could ask the national debt line to check it over.  You may also want to ask them to suggest a payment plan, though I’d only ask this if you are satisfied that you do owe the money.

if you aren’t up to writing the email then ask away and someone on here may be able to draft one for you.

ACG

silvercar said:

You could also ask them why this debt was allowed to occur and for a full account of your purchase expenditure so that you could ask the national debt line to check it over.  (mistakes happen. We are all human).

 You may also want to ask them to suggest a payment plan, though I’d only ask this if you are satisfied that you do owe the money.

No point doing this as there is no way to pay the money at the minute. 

Yorkie1

It would be a good idea to edit all of the names out of your post where you set out the email details. 

furby-2003

Hi Thanks everyone. I have managed to put together an official letter of complaint this morning using a template from the debt helpline. I've sited their lack of contact is unacceptable as they could quite easily have sent me a letter or called in all that time but clearly they haven't. I've gone straight in and asked they write it off due to it being their mistake and I had already had a credit from my last statement which was for the repairs to my house that needed doing. I will be honest 3 years ago I was going to raise a complaint anyway due to issues around my case being passed around and when I moved in the boiler wasn't working but the contact stated a working boiler. but they were less than helpful at the time. Also stating the fact I do not have the funds to pay back and can send a copy of my budget which will show this but I'm holding that information back for now and see what they say initially. I'm not expecting them to roll over and give in but was told to start from write off and go from there.