£10k BILL IS THIS FRAUD

[johnao]

turbo9111 said:

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....

Go after the solicitor. He’s admitted liability. Don’t waste time chasing the vendor. As someone else has said, if you obtain a court order @ £100 a month you’ll have thrown away your chance of £10,000 from the solicitor, or his insurer.

[underwhelmist]

turbo9111 said:

So over the last few months they have replied various times saying they can’t afford to repay the money as there business has shut down (public house & restaurant) so they have no income a quick google on this and its untrue there still trading doing takeaway meals etc, Our solicitor has done plenty of digging and there property is registered in there parents name, We have also asked where the £600k funds are we paid for the property but they declined to answer this one, However they have just offered to pay us back on a monthly basis (through there solicitor) which we have declined so we are just about to issue proceedings to recover the debt,

I'm in Wyre Forest and trying to work out which pubs/restaurants you might be talking about. To know where to avoid if nothing else!

turbo911 said:

I have also been bouncing emails back and forth with the council which is escalating asking awkward questions as to why they were allowed to walk away from paying back public funds when it clearly states on the agreement they were to pay it back upon sale of the property and they also later made a agreement to pay the debt of monthly, It was basically one persons decision who decided on letting them get away with it so i also asked the question has he a personal connection with the original sellers and i was told no but thats appearing to be untrue, The council are contradicting them self’s with some of there answers which i,m awaiting explanation of,
So i,m still at it but it feels like its coming to a end.....

Edited by turbo9111 on Tuesday 9th February 11:56

This sounds like the sort of thing you read about in Private Eye's Rotten Boroughs column.

[Enut]

Fastpedeller said:

Perhaps it would be best to get the £10k off the solicitor now, content in the knowledge that they may give the perps a much harder time because they (the solicitors) will be trying to recover their losses!

This.

I agree that your original vendors seem like a nasty piece of work (or piece's of work) but you need to remember that if it wasn't for your solicitors oversight NONE of this would have happened, the vendors would have been made to pay the £10K on completion.

Get your £10K of the solicitors now and let them pursue the original vendors for it, they will be much more incentivised to do so because it's then their money they are trying to get back.

Enjoy your retirement OP but I'm sure you would enjoy it much more with an extra £10k in your pocket.

[Red Devil]

turbo9111 said:

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,

Is your priority to recover your £10k or revenge against the seller? I ask because the bit in bold suggests the latter. As I'm sure BV72 will confirm, it is never good idea to let emotion enter the arena of litigation. If you want the full amount of your cash back I suggest you have that rethink because a slippery scrote seller will use every trick in the book to avoid coughing up.

[mikeveal]

turbo9111 said:

... i have the option of if I believe it will go down the monthly repayment route i can pull the plug and refer back to solicitors insurance

No, you really won't.
Payment method will be discussed at the same time or shortly after the judge has made the decision that the vendor is laible for your loss.
At that point the solicitor (& their insurer)can't be pursued as you have no loss caused by them. Instead you have established that your missing 10K is owed to you by the vendor.

From then on, it's up to you to enforce payment.

The advice you are being given by your solicitor does not appear to be in your best interest.

IANAL. There are a couple here (BV & ProBono I think. Kestral refuses to state his credentials, so it should be assumed he doesn't have any.) Hopefully one of them will jump in and correct me if I'm giving you bum advice.

[kowalski655]

I'm with the majority: take the solicitors cash now rather than wait
Also don't forget the 6 year limitation clock, don't let the scrotes or the lawyers run it out!

[turbo9111]

I wrote to my solicitor early this morning reminding them that our agreement was open for review before they issue proceedings and i would like at this time to review the possible outcome,
I did make it clear in my decision to let them chase for the money that i was 100% not interested in reclaiming my money by any instalment plan,
Could be coincidence but I’ve heard nowt back.....

[Centurion07]

turbo9111 said:

I wrote to my solicitor early this morning reminding them that our agreement was open for review before they issue proceedings and i would like at this time to review the possible outcome,
I did make it clear in my decision to let them chase for the money that i was 100% not interested in reclaiming my money by any instalment plan,
Could be coincidence but I’ve heard nowt back.....

Once again IANAL but as someone above mentioned, I don't think YOU or your solicitor get to choose how the money is repaid.

If it goes to court their solicitor will no doubt argue to get it paid in monthly instalments and by that time your solicitor is off the hook. A court has decided the vendors are the bad guys, no-one else.

I'm with everyone else; get it off your solicitors pronto and let them chase the vendors for it.

[turbo9111]

This just in,
The sellers have offered through there solicitor to repay the debt to us at £1000 per month with the first instalment paid immediately, Decision time .....

[Fastpedeller]

turbo9111 said:

This just in,
The sellers have offered through there solicitor to repay the debt to us at £1000 per month with the first instalment paid immediately, Decision time .....

Tell your solicitor to pay you 10k and then he can recover it at 1k/mth - it's the least you deserve as it's your solicitors cock-up!

[Tankrizzo]

Guarantee you'll see 2-3k of that and nothing more. Do what the guy above said.

[TVRnutcase]

Fastpedeller said:

turbo9111 said:

This just in,
The sellers have offered through there solicitor to repay the debt to us at £1000 per month with the first instalment paid immediately, Decision time .....

Tell your solicitor to pay you 10k and then he can recover it at 1k/mth - it's the least you deserve as it's your solicitors cock-up!

No decision needed - Take the 10k from the solicitor - he can pursue the vendor at 1k a month - THIS IS NOT YOUR PROBLEM.

The vendor will still feel pain either way - but you at least are out of the equation.

Did I say - Take the 10k from the solicitor - his problem, if he hasnt put a bit of cash to one side, or have adequate insurance.

[Meeten-5dulx]

You have won in your pursuit to right an unscrupulous seller. Well done.
Now, tell your solicitor to stump you the 10k, and they then have more of an urge to ensure the full sum is paid back. To them!

1k, 2k and then the seller stops paying. What then. Go through this whole rigmarole again? I appreciate you are retired but surely you can find more interesting things to spend time on?

Take the money owed to you from a mistake made by the solicitor. Leave them with the buck to get it from these c ockwombles.

[johnao]

Meeten-5dulx said:

You have won in your pursuit to right an unscrupulous seller. Well done.
Now, tell your solicitor to stump you the 10k, and they then have more of an urge to ensure the full sum is paid back. To them!

1k, 2k and then the seller stops paying. What then. Go through this whole rigmarole again? I appreciate you are retired but surely you can find more interesting things to spend time on?

Take the money owed to you from a mistake made by the solicitor. Leave them with the buck to get it from these c ockwombles.

This.

Don’t even think about it. Just do it!

[carreauchompeur]

100% get it back from the solicitors. There’s no rational reason why they could drip £1000 a month rather than the full amount now, other than to make a couple of payments then stiff you.

Best of luck, this is fascinating.

[AyBee]

Another one for the above. The solicitors caused the cock-up, they now owe you the £10k and can recover the £10k themselves! Not worth the hassle just to get the same amount back.

[Enut]

Take it from someone with friends in a similar position they will pay one month then stiff you.

Get the £10K from the solicitor and let them get the drip payments, then they can pursue it when they stop paying, as they will.

[Centurion07]

I'm tempted to bet the £10K that the solicitor won't go for that, primarily because they know THEY'LL get stiffed!

[TriumphStag3.0V8]

I think that given the history of this OP - get the 10K from the solicitors, pronto. It is their mistake, and their liability.

As others have said, the behaviour of the sellers is such that you can guarantee that they will do everything to not pay. Expect the first, and maybe the second payments, and then start all over again. The history of the solicitors indicates that they are not really on the ball, good intentions or not.

Let the solicitors take on the responsibility of getting the money from them.

[vaud]

turbo9111 said:

Hi,
Thought a good time for a update sorry its been a few months but i,m still £10k out of pocket,
The reply from the solicitor was basically yes we have f*****d up and we’re really really sorry and we can refer it back to our insurers who i would like to think would have to pay out or could we act for you and go after the previous owners (Free of charge) who have been deliberately unscrupulous about the grant and debt, So after a good think we decided to go after the previous owners who are still lying and trying to worm there way out of paying us the £10k back,
Our solicitor called it something like owing the debt to us under subrogation and they were legally liable for the debt, So over the last few months they have replied various times saying they can’t afford to repay the money as there business has shut down (public house & restaurant) so they have no income a quick google on this and its untrue there still trading doing takeaway meals etc, Our solicitor has done plenty of digging and there property is registered in there parents name, We have also asked where the £600k funds are we paid for the property but they declined to answer this one, However they have just offered to pay us back on a monthly basis (through there solicitor) which we have declined so we are just about to issue proceedings to recover the debt,
I have also been bouncing emails back and forth with the council which is escalating asking awkward questions as to why they were allowed to walk away from paying back public funds when it clearly states on the agreement they were to pay it back upon sale of the property and they also later made a agreement to pay the debt of monthly, It was basically one persons decision who decided on letting them get away with it so i also asked the question has he a personal connection with the original sellers and i was told no but thats appearing to be untrue, The council are contradicting them self’s with some of there answers which i,m awaiting explanation of,
So i,m still at it but it feels like its coming to a end.....

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.

Edited by turbo9111 on Tuesday 9th February 11:56

Dear solicitor,

Thank you for your email admitting liability. I look forward to receiving payment within 7 working days.

Many thanks
Turbo91111

IANAL. I am sure BV72 or others will have a more eloquent response. The solicitor is already obliged to inform their insurer.