Can we tell them to stick it?!?

TheBadaBing

First up - sorry for the spiel!

We moved house in May 2005 and at the time were asked by the buyers to provide a Building Regulations Indemnity Policy in relation to a kitchen extension built in 1998 (we had replaced an existing structure and didn't think it needed regs). Our solicitor told us they needed this for completion so we paid the £35 to our solicitor and they sorted it out. We completed on May 13, 2005.

I received a letter a couple of weeks ago from my solicitor saying that "you agreed to provide a Policy to your Buyers upon completion but unfortunately following completion, I returned to you the sum of £36.39 in February 2007...I would be grateful if you would therefore forward to me a remittance in the sum of £35 in order that I can provide the agreed Indemnity Policy". Attached to it was a letter from the buyers' solicitors (addressed to ours) saying "our client has contacted us with a query in respect of the kitchen extension and from looking at the file it appears we have never received from you the Indemnity Policy...we would be obliged if you could let us have this as soon as possible".

My first reaction was un-publishable but then I thought -
- why wasn't the policy provided at the time?
- why did our solicitors return £36.39 (which I can't trace by the way)?
- shouldn't the buyers have checked they received what they demanded?
- if the policy was one of the terms of completion, now that we've completed, we're not obliged to provide a policy, surely?
- if anything goes pear-shaped with the kitchen extension (now 10 years old!) are we liable?

I think that both firms have failed in their duty of care to their clients and are just trying to cover their backsides.

I'd really appreciate any thoughts on this - particularly any experts.

Thanks.

Pennywise

Their solicitor has been negligent. You don't need to do anything at all, neither does your solicitor. Your buyers need to make a claim against their solicitor for any loss they have suffered.

JimmyTheWig

Not an expert, but I agree that the failing is on the part of both solicitors.
I'd reply and say that if you are expected to pay this then you expect a refund of part of the fees you paid them as they didn't do their job properly.

TheBadaBing

Pennywise & JimmyTheWig - thanks very much for your comments. Is there anyone out there in the soliciting game (alright take it easy - you know what I mean!) that can advise?

Cheers.

mlz1413

If I was in this situation I would write back to solicitor saying that I had checked paperwork received at time of completion and cannot find the £35 or £36.39 returned, please supply proof of return.

This would just make me feel that I had covered my backside!

Agree it is buyers solicitor at fault, but feel your solicitor is sherking responsiblilty.

silvercar

The general rule is that if you owe the money you have to pay it. If there has been an oversight, you can generally arrange to pay in instalments, though that is pointless for such a small amount. Equally for such a small amount the solicitor whould admit their error and pay it.

TheBadaBing

silvercar wrote: »

The general rule is that if you owe the money you have to pay it. If there has been an oversight, you can generally arrange to pay in instalments, though that is pointless for such a small amount. Equally for such a small amount the solicitor whould admit their error and pay it.

Cheers Silvercar but the £35 is not really the issue. The issue is that my solicitors received my fee and failed to carry out the service and obtain the policy. They are now basically saying that if I don't cough up then they won't get the policy - part of me thinks "well don't get it then, its nothing to do with me any more".

The more I think about it the more I'm astounded that they actually brought their incompetence to my attention. Like you say - why didn't they just purchase the policy when requested to by the buyers solicitors? I work in an investment firm and there is no way that we would approach a client for £35 three WEEKS after a transaction, let alone three years. It just smacks of unprofessionalism to me.

Cheers.

chappers

TheBadaBing wrote: »

They are now basically saying that if I don't cough up then they won't get the policy - part of me thinks "well don't get it then, its nothing to do with me any more".

I totally agree if they or their solicitor didn't care enough that they completed without making sure the policy was in place then thats their tough luck.
Your contract with them is now complete and they have now bought your house(now their house) and the liability is now with them.
I would get your solicitor to politely reply to their's that it is no longer your problem and you have no intention of providing indemnity for some thing you no longer own, whos to say what they may have done to the extension since.
Particularly in view of the time frame involved copleted back in 2005, your solicitor suposedly returns monmey to you 2 years later and yet another year later this comes up.
They're having a laugh you have no liability for the extension it has now passed to them.

Maybe Richard W will be along in a bit to give you his opinion as a solicitor.

TheBadaBing

Thanks Chappers - appreciate your time.

I did see Richard Webster's name on some of the other posts so I PM'd him earlier to see if he could help me out.

Cheers.

danm

when you received the £36 did you question with your solicitors what it was for.

I don't see the complaint here to be honest. If the buyers solictors had not picked up on it then you would be £35 better off (as you have been for a period of time)...would you have congratulated yuor solicitor on a job well done and thanked him for saving you money by not providing it?

The onus would be on the buyers Sol to ensure that their paperwork was in order for completion. It wasn't, they completed, their problem. (....however, i'm not sure if this policy being provided would be a condition of xchange/completion in which case you may need to get it).

If your Solicitor (who acts in your interests) is adament that you are under obligation to provide it, then why not just pay it?

Richard_Webster

If your solicitor advised you beforehand that you would have to pay the £35, then he can say that you knew about it and therefore if he returned the money you were that much better off than you expected to be so you should refund it to him.

I think that is the legal position. This isn't negligence but could well be poor service. However you could make a complaint about the extra trouble you have been put to because he did not arrange the policy etc and it would cost him a lot more than £35 in time in dealing with your complaint.

So I would write back and say that you are surprised that they did not provide the policy as they told you they would and ask for details of their complaints procedure because you intend to pursue a complaint about their poor service and the extra inconvenience they have put you to by asking for this money now. Hopefully they will reply saying they admit their fault and are to pay for the policy themselves and will not ask you for any money.

Certainly if I had make that kind of mistake I wouldn't think it worth trying to collect £35 from a client.