£10k BILL IS THIS FRAUD
Discussion
blueg33 said:
Doubt insurance will work where the beneficiary is known and has asked for the money. I always find that DTI policies can only be bought when you have satisfied the insurers that there is virtually nil risk
I suppose I was thinking its a low to no risk for the new buyers. Not that it isn't a charge. Liability seems to sit with the owners at the time the work was done.
turbo9111 said:
It doesn’t or didn’t show up on the land title as it was never registered or perhaps it was added after it was found hidden away and someone thought we best add this to the land title but would have thought we would have been informed.
You cant really hide a charge, I guess you can forget to register itblueg33 said:
You cant really hide a charge, I guess you can forget to register it
ok if you can't hide a charge why did it not show up on any of the searches performed by us the sellers solicitor and the halifax who we had our mortgage with ?, also from memory when we purchased i can remember my solicitor mentioning that he had (which we paid for) some kind of deeper/extra search done as it he deemed it nesasary as previously there had been lots of parcels of land sold off and local farmers renting differing parcels of land.turbo9111 said:
blueg33 said:
You cant really hide a charge, I guess you can forget to register it
ok if you can't hide a charge why did it not show up on any of the searches performed by us the sellers solicitor and the halifax who we had our mortgage with ?, also from memory when we purchased i can remember my solicitor mentioning that he had (which we paid for) some kind of deeper/extra search done as it he deemed it nesasary as previously there had been lots of parcels of land sold off and local farmers renting differing parcels of land.No advice but wishing you luck.
There was a charge on our house when we bought it, nothing major, a £75 fine for noise from the alarm. Strangely it had been levied to the owners before the people we bought it from and had not appeared on searches when our sellers purchased either. Only turned up when we bought it.
As it was £75 it was paid immediately by our sellers so no harm but I was surprised it had been there for so long with nobody picking up on it.
There was a charge on our house when we bought it, nothing major, a £75 fine for noise from the alarm. Strangely it had been levied to the owners before the people we bought it from and had not appeared on searches when our sellers purchased either. Only turned up when we bought it.
As it was £75 it was paid immediately by our sellers so no harm but I was surprised it had been there for so long with nobody picking up on it.
roadsmash said:
Terminator X said:
roadsmash said:
Where’s BV when you need him? 
In other threads ridiculing posters who do not live in ivory towers?TX.
This is looking like a solicitor negligence claim to me.
The Op's first solicitor should have sorted this. They shouldn't have used a personal search unless they advised the Op that it almost certainly wouldn't reveal everything. That was the point to take out an insurance policy for a couple of hundred £'s
Had it been known, then the usual form is this
a. The solicitor obtains confirmation from the organization with the charge that it has been settled and does not complete until he has formal confirmation
b. The Ops solicitor holds a retention in his client account equal to the debt, and only releases it once he has confirmation that the charge has gone (this enables completion)
Obviously the two above didn't happen, so Op has a case against that solicitor IMO
To the current situation - I suggest that the Op and his current lawyer go for Option 2. Buyer pays the full amount but £10k is held pending release of the charge. This then gives the Op and his lawyer the chance to pursue this. (it will come with a longstop date).
There is a risk that the purchasers mortgage co will not accept accept it either way, and there may be an issue with the priority of the charges. (Mortgage co will need a first charge)
We complete quite a few purchases with charges on them, the retention route is the go to option, but some of our funders don't like it.
Had it been known, then the usual form is this
a. The solicitor obtains confirmation from the organization with the charge that it has been settled and does not complete until he has formal confirmation
b. The Ops solicitor holds a retention in his client account equal to the debt, and only releases it once he has confirmation that the charge has gone (this enables completion)
Obviously the two above didn't happen, so Op has a case against that solicitor IMO
To the current situation - I suggest that the Op and his current lawyer go for Option 2. Buyer pays the full amount but £10k is held pending release of the charge. This then gives the Op and his lawyer the chance to pursue this. (it will come with a longstop date).
There is a risk that the purchasers mortgage co will not accept accept it either way, and there may be an issue with the priority of the charges. (Mortgage co will need a first charge)
We complete quite a few purchases with charges on them, the retention route is the go to option, but some of our funders don't like it.
Edited by blueg33 on Monday 28th September 17:37
Summary of thread so far?
1. OP bought a house in 2017
2. Council promptly after purchase send him a demand for £10k to repay a grant made to previous owners for flood defences. This liability was not declared by the vendors, and was not picked up during conveyencing
3. OP contacts solicitor who chases vendors, and OP recives word that the vendors will pay the charge.
4. Fast forward to 2020, OP wants to sell up.
5. OP find out the £10k charge was never paid. OP's solicitor in 2017 did not confirm the charge had been settled. OP did not chase to confirm it has been settled.
6. New buyers will not want to be lumbered with this charge.
OP if you're still using the same solicitor from 2017, you need to get a better one. In terms of the payment, have your vendors from 2017 pled poverty and are paying the charge back a few £ a month under a payment plan? If so, that charge won't be settled until they've completed payments. You may find yourself £10k out of pocket to get your sale done. And I'd probably be chasing that from one of the people that should have warned you prior to you buying.
1. OP bought a house in 2017
2. Council promptly after purchase send him a demand for £10k to repay a grant made to previous owners for flood defences. This liability was not declared by the vendors, and was not picked up during conveyencing
3. OP contacts solicitor who chases vendors, and OP recives word that the vendors will pay the charge.
4. Fast forward to 2020, OP wants to sell up.
5. OP find out the £10k charge was never paid. OP's solicitor in 2017 did not confirm the charge had been settled. OP did not chase to confirm it has been settled.
6. New buyers will not want to be lumbered with this charge.
OP if you're still using the same solicitor from 2017, you need to get a better one. In terms of the payment, have your vendors from 2017 pled poverty and are paying the charge back a few £ a month under a payment plan? If so, that charge won't be settled until they've completed payments. You may find yourself £10k out of pocket to get your sale done. And I'd probably be chasing that from one of the people that should have warned you prior to you buying.
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