£10k BILL IS THIS FRAUD
Discussion
roadsmash said:
Yes, this is a bizarre decision from you OP. It’s like you want to see the previous owners pay for their behaviour and get a kick from it.
People like that never lose, they will never pay. Bailiffs will turn up and surprise surprise nothing will be owned by them, it will be their friends, or their family’s assets, or it will all be on finance etc.
Claim on the insurance and don’t look back.
Your dead right i want them to suffer and yes i will get a kick from it without going into detail they are awful people who stitched us up in many waysPeople like that never lose, they will never pay. Bailiffs will turn up and surprise surprise nothing will be owned by them, it will be their friends, or their family’s assets, or it will all be on finance etc.
Claim on the insurance and don’t look back.
OP, having gone through the topic I see it as, eventually your solicitor failed in not doing due diligence in finding the charge for whatever reason. Add to this the behaviour of the sellers in not declaring the charge clearly and evasive actions since.
YOU are owed £10k.
The solicitors are trying to deal direct with the sellers who are likely to be as evasive and non cooperative as in the past. Their alternative is to let their insurers settle with you and then they pursue the sellers for £10k.
Your solicitor is asking you a favour and wait even longer for £10k after THEIR error. In the meantime you remain £10k out of pocket.
At the very least it would be worth giving them a firm date to recover and pass on to you the full sum plus costs/compensation/ goodwill gesture.
If this date passes then insist on insurers settling quickly.
Your solicitors may be trying to avoid the insurer route so as to keep their record clean and prevent premium increases, mitigating cost to them? If that is how it works.
I hope that seems reasonable from a procedural process point of view.
YOU are owed £10k.
The solicitors are trying to deal direct with the sellers who are likely to be as evasive and non cooperative as in the past. Their alternative is to let their insurers settle with you and then they pursue the sellers for £10k.
Your solicitor is asking you a favour and wait even longer for £10k after THEIR error. In the meantime you remain £10k out of pocket.
At the very least it would be worth giving them a firm date to recover and pass on to you the full sum plus costs/compensation/ goodwill gesture.
If this date passes then insist on insurers settling quickly.
Your solicitors may be trying to avoid the insurer route so as to keep their record clean and prevent premium increases, mitigating cost to them? If that is how it works.
I hope that seems reasonable from a procedural process point of view.
Brilliant thread I feel I've learnt a lot here and like the OP I might be a bit too trusting around legal matters and properties.
Fair play on going after the original sellers I can see why you picked the option, your retired so it is basically entertainment and hopefully they learn their lesson. Really hope they have to cough up as the deserve.
All the best with you retirement!
Fair play on going after the original sellers I can see why you picked the option, your retired so it is basically entertainment and hopefully they learn their lesson. Really hope they have to cough up as the deserve.
All the best with you retirement!
sospan said:
OP, having gone through the topic I see it as, eventually your solicitor failed in not doing due diligence in finding the charge for whatever reason. Add to this the behaviour of the sellers in not declaring the charge clearly and evasive actions since.
YOU are owed £10k.
The solicitors are trying to deal direct with the sellers who are likely to be as evasive and non cooperative as in the past. Their alternative is to let their insurers settle with you and then they pursue the sellers for £10k.
Your solicitor is asking you a favour and wait even longer for £10k after THEIR error. In the meantime you remain £10k out of pocket.
At the very least it would be worth giving them a firm date to recover and pass on to you the full sum plus costs/compensation/ goodwill gesture.
If this date passes then insist on insurers settling quickly.
Your solicitors may be trying to avoid the insurer route so as to keep their record clean and prevent premium increases, mitigating cost to them? If that is how it works.
I hope that seems reasonable from a procedural process point of view.
Thanks i take your comments as something to think about ,,YOU are owed £10k.
The solicitors are trying to deal direct with the sellers who are likely to be as evasive and non cooperative as in the past. Their alternative is to let their insurers settle with you and then they pursue the sellers for £10k.
Your solicitor is asking you a favour and wait even longer for £10k after THEIR error. In the meantime you remain £10k out of pocket.
At the very least it would be worth giving them a firm date to recover and pass on to you the full sum plus costs/compensation/ goodwill gesture.
If this date passes then insist on insurers settling quickly.
Your solicitors may be trying to avoid the insurer route so as to keep their record clean and prevent premium increases, mitigating cost to them? If that is how it works.
I hope that seems reasonable from a procedural process point of view.
CG2020UK said:
Brilliant thread I feel I've learnt a lot here and like the OP I might be a bit too trusting around legal matters and properties.
Fair play on going after the original sellers I can see why you picked the option, your retired so it is basically entertainment and hopefully they learn their lesson. Really hope they have to cough up as the deserve.
All the best with you retirement!
Thanks you have seen it as to what it is, The sellers really need to be taught a lesson they have been around the area for years winding up businesses they have started and taking good local people for there hard earned.Fair play on going after the original sellers I can see why you picked the option, your retired so it is basically entertainment and hopefully they learn their lesson. Really hope they have to cough up as the deserve.
All the best with you retirement!
turbo9111 said:
Hi,
Ps forgot to add at the start that if we don’t win our case with previous owners the solicitor will still refer it back to there insurance company.
Have you considered what will happen when you do win your case, and the judge agrees a repayment plan of £100 a month for the next hundred months. Of which of course the vendor will only pay the first two months...Ps forgot to add at the start that if we don’t win our case with previous owners the solicitor will still refer it back to there insurance company.
There won't be anything for the solicitor's insurance to pay for.
Take the solicitor's money. If they want to chase the vendor rather than claim, that's their prerogative. They won't because they know that enforcement will be a nightmare.
mikeveal said:
turbo9111 said:
Hi,
Ps forgot to add at the start that if we don’t win our case with previous owners the solicitor will still refer it back to there insurance company.
Have you considered what will happen when you do win your case, and the judge agrees a repayment plan of £100 a month for the next hundred months. Of which of course the vendor will only pay the first two months...Ps forgot to add at the start that if we don’t win our case with previous owners the solicitor will still refer it back to there insurance company.
There won't be anything for the solicitor's insurance to pay for.
Take the solicitor's money. If they want to chase the vendor rather than claim, that's their prerogative. They won't because they know that enforcement will be a nightmare.
Great thread and thank you for updating after so long.
I feel like you are quite naïve to still be taking your solicitor's advice at face value. Firstly it appears they dropped a massive b
k in the first place missing the information regarding the £10K charge from the council. Secondly they clearly have a conflict of interest: of the two options available - claim from their insurance or go after the scrotes for the £10K - one of the options is overwhelmingly favourable to them. So any assurances that if it looks like a payment plan is likely then you can revert back to claiming from their insurance, etc, etc need to be taken with a sizeable pinch of salt.
Overall it seems far more likely that you'll get the £10K if you immediately go with the insurance option.
I feel like you are quite naïve to still be taking your solicitor's advice at face value. Firstly it appears they dropped a massive b
k in the first place missing the information regarding the £10K charge from the council. Secondly they clearly have a conflict of interest: of the two options available - claim from their insurance or go after the scrotes for the £10K - one of the options is overwhelmingly favourable to them. So any assurances that if it looks like a payment plan is likely then you can revert back to claiming from their insurance, etc, etc need to be taken with a sizeable pinch of salt.Overall it seems far more likely that you'll get the £10K if you immediately go with the insurance option.
There are several bits that dont quite ring right with the solicitors and the Insurance:-
1) In regards to Professional Indemnity Insurance, at the first whiff of a potential claim, the professional MUST notify the insurer, OR the insurer can subsequently deny the claim.
2) The professional must NOT admit liability, or it is all on them.
3) Normally the insurers drive this process, not the professional
4) 10k is not a big sum - my excess in practice was more than this (and I had never claimed).
I am wondering if n fact Insurance is involved here, or they are going to just pay out themselves, BUT by getting the OP onside buy themselves time to pursue the seller.
Whatever the answer - they have been honorable, they have admitted liability and they are going to make it right.
Personally I would be thinking of going after the seller and making their life hell - BUT - sometimes on just has to see sense, take the 10k and rest easy - let the solicitors take it on.
1) In regards to Professional Indemnity Insurance, at the first whiff of a potential claim, the professional MUST notify the insurer, OR the insurer can subsequently deny the claim.
2) The professional must NOT admit liability, or it is all on them.
3) Normally the insurers drive this process, not the professional
4) 10k is not a big sum - my excess in practice was more than this (and I had never claimed).
I am wondering if n fact Insurance is involved here, or they are going to just pay out themselves, BUT by getting the OP onside buy themselves time to pursue the seller.
Whatever the answer - they have been honorable, they have admitted liability and they are going to make it right.
Personally I would be thinking of going after the seller and making their life hell - BUT - sometimes on just has to see sense, take the 10k and rest easy - let the solicitors take it on.
sospan said:
Your solicitors may be trying to avoid the insurer route so as to keep their record clean and prevent premium increases, mitigating cost to them? If that is how it works.
The solicitors are legally obliged to report to their insurers any circumstances that may give rise to a claim, and this is a clear example of such a circumstance.However, if they do make a report the likelihood is that their premium will increase. Far more of a concern is that they may not be able to get cover at all at the next renewal. The PI market for solicitors has been getting much harder of late, and is predicted to get even worse. Many small practices, particularly those doing a lot of conveyancing, may not be able to obtain PI insurance at any price.
If they can't get cover then they have to close down. This means that many such practices are likely to try to conceal potential claims, hoping they can resolve them without the insurers ever getting to know about it.
I'm not suggesting this is necessarily happening in your case, but I wouldn't be surprised if it was.
Another reason they may not have reported it is that they will have to pay the excess anyway. Again, many small practices have to accept a high excess to get cover at an affordable price, and it could be that their excess per claim is £10k.
It might therefore be worth asking the solicitors whether or not they have reported the claim to their insurers.
Either way, I'd agree with the other posters. Unless you specifically want the pleasure of litigating against the sellers you would be far better off just asking for the £10k (which the solicitors may well pay themselves if they do have a high excess) and then let the solicitors try to recover it.
Thanks guys for all the advice and its all aimed in the same direction, I may have to have a rethink on things my gut Is to make the sellers suffer but i would like to recoup my £10k and the way i see it the solicitors or the insurance company is going to pay up, Or maybe even the council as i,m confident i have them on the ropes concerning not pursuing the original sellers to cough up, I had a experience 8 years ago for which i,m still paying for as until i recently retired i run and owned a successful company in the construction industry where a scrote had a injury caused by his own work ethic, He went on to a no win no fee company and it took 5 years and well in excess of £100k of my insurers money for him to back out on a claim just before it went to court my premiums went through the roof as we were then known as a high risk company, Will keep the thread updated....
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff