HELPED I've been duped (planning permission)

pickles_pink

Hi All,

I am now starting a case of professional negligence through a solicitor who specialises in this field.

I have requested my file from the conveyancer under the data protection act (Thank you red car).

I know some people who contributed to my thread did not agree that this would be the best course of action, but I feel that I have been patient and exhausted every other avenue.

Q.This could drag on for some time, do you think Northrn Rock would allow any way of avoiding their SVR while this is getting sorted as we can't move lenders?

pickles_pink

Two steps back!!!!

So I found a really good professional negligence specialist who agrees we were let down very badly and have a great case,

After having requested the file I have a call to say the original solicitor has left the firm!!

My new guy is on holiday so I was wondering if any one here could advise in the meantime - Is my case against the firm or the individual? are solicitors insured with indemnity as a firm or as individuals?

This situation is never ending!!! What a pickle!

redcar_2

Hi Pickles

So glad you are making progress. :beer:

I would have thought your new solicitor should be shouldering some of this worry on chasing people now. Thats what you are paying them for!

Please phone the data protection people to get proper advice on getting your records. My thoughts would be that the responsibility lies with the solicitors company to guard your records not that indiviidual so really the clock is still ticking for them to send your records - but I'm not sure. (And may have started ticking at your first request rather than this more recent 'official one'.)

Was the response he has left so no longer our problem, or he has left someone else will get back to you when back from holiday?

I feel you will need to push here as they probably know the !!!!!! is about to hit the fan and are trying to stall or deflect you.

IF (and I'm only asking) they say your records are lost can you ask your new solicitor how this would affect your case -better forearmed.

Sorry no advice re mortgage but if you have a strong case then all your losses should be recoverable.

Please keep updating when you can.

stationaryace

nothing to say, just a *bump* and a *hugs* :j

sometimes renting doesn't seem so bad

ruggedtoast

This is unbelievable. Some bent builder constructs an edifice that doesnt accord with proper planning - gets a £1000 slap on the wrist, the solicitor has to refund a £400 conveyancing fee, the property stands with no planning permission and the buyers are left high and dry.

notisis

Pickles, have been reading this thread with interest. Any action will be against the firm as they carry professional indemnity insurance. The solicitor dealing with the original purchase was an employee of (or possibly partner in) that firm.

Good luck.

f1re_cr4cker

My husband is a planning solicitor for a local authority and he says . . .

The Council would probably not insist the flats are kncoked down - the Human Rights Act is to thank for this. At his authority, they have only demolished unoccupied partly-built properties.

Your original conveyancing solicitor is unlikely to be negligent. He would have checked that planning permission was granted. How was he to know it was 3 metres too big. A Solicitor would not be expected to check the property was built exactly in accordance with the plans. This is more likely to be the surveyors job.

Your original contract with the developer MAY contain a clause stating that they would build the property in accordance with the planning permission and approved plans. This MAY give you a cause of legal action against the developer. Take your conveyancing file to a decent litigation solicitor and get them to go through the contract with a fine-toothed comb.

Building Regulations have nothing to do with planning permission. They merely check the property is safe and will not collapse.

You should contact your local councillor. They love hard luck stories. Get them on your side and they will ignore the planning officers' advice and grant retrospective planning permission. Remember they are politicians and always pander to their electorate.

bubblesmoney

i am no lawyer.

but here is what i would do if i was harassed this way. i would do my damndest to invoke the provisions of the 'protection from harassment act' and make complaints to all and sundry authorities to prosecute the people who committed this fraud which resulted in u landing in this mess. read up on the act it has both civil and criminal penalties. both individuals and institutions can be targetted using this act. all u need is 2 incidents that lead to u being harassed. no motive is needed. all u need to show is that u were harassed. take the advice of a suitably experienced criminal lawyer and tighten the screws on these !!!!!! (especially the builder and ur solicitor). when they have a criminal case and potential jail sentence hanging over their necks, things might move more favourably for you.

also contact ur area MP, contact the local press, all flat owners get together and stage demonstrations in front of the solicitors offices that duped u, write letters to local press naming and shaming these solicitors. also see if there are any parliamentary select committees that deal with the construction sector, if there are any, then see who the members are, then write to them for help in this regard. once any bigshot gets interested then things might move in ur favor. basically try anything and everything to getadequate compensation and to punish the people who lead to this mess.

i suspect the solicitors firm will say that records are lost, if that happens then report them for violations of the data protection act.

discuss with ur lawyer (specialising in criminal offences) whether u can go after any of the involved parties for fraud. go to the police with a complaint of fraud and see if they agree to register the complaint. if they do agree then it is only a matter of time before the screws get tightened on those involved. best of luck. many might tell u this is a civil matter so dont bother with the things i have mentioned, but my feeling is that unless people face the music u will not get any redress. until now as u can see the builder might face fines of 1000£ etc but if his !!!! is on the line i bet u would get redress faster. gettogether and raise some prize money and use this prizemoney for the best suggestions for legal challenges in this regard and post details of this prize money to all universities having law degrees or masters in criminal law etc. such students might eb willing for probono work etc. i believe senior law students are allowed to do probono work. this might cut down ur legal costs. it sounds very fishy that 12 different solicitors didnt spot this mess, all the more reason to believe some corruption / fraud was at the bottom of this probably at the builders / builders solicitors end.

try to involve trading standards / any TV channels that do consumer protection programs etc. see if they get interested in this. also if the builder has a registered company then see if any complaints to the companies registration body has any effect. do the same for the solicitors firm as well. basically complain to anyone and everyone that might tighten the screws on this builder and the solicitors involved. make it cheaper for them to settle with you rather than to take you on in a fight, until that happens they wont try to compensate you. hope u nail these people.

ruggedtoast

If all you 13 owners clubbed together how much would it cost each to get the outstanding work completed?

hethmar

I just skimmed through this one and I am horrified and so upset for you and the other owners. Who is the managing agent? What have they to say about all this?

Have you considered contacting Watchdog?

http://66.102.9.104/search?q=cache:mH3lGh8JTvsJ:www.bbc.co.uk/consumer/tv_and_radio/watchdog/contact_index.shtml+Watchdog&hl=en&ct=clnk&cd=2&gl=uk&client=firefox-a