£10k BILL IS THIS FRAUD
Discussion
bad company said:
catman said:
bad company said:
Think the op should have checked the previous owners had actually paid the money rather just agreeing to do so. Why wait until you’re selling the property?
I feel for you op but you should have checked this 2 - 3 years ago.
In the absence of any further demands from the Council, it was reasonable for him to assume that it was paid, particularly if the Council then knew where the Vendors had moved to.I feel for you op but you should have checked this 2 - 3 years ago.
Have you got it in writing that the previous owner agreed to pay the charge? Was this to your solicitor? Unbelievable that this wasn’t sorted.
BertBert said:
yep, here we go again, it's all the OP's fault.
It’s not his fault that the charge was there in the first place but he has to take some responsibility for not checking it was paid. Once bitten, twice shy and all that. I would have been hounding people until I had written confirmation it was paid. It’s not £500 we’re talking about. It's odd how charges can slip through - we sold late FILs house which completed a couple of months ago. Last week buyers solicitors contacted ours to say a mortgage charge was registered against the house. Our solicitor checked and sure enough it is.
It's all fine and was quickly sorted out - it was paid off three years ago - but how come neither of the solicitors (and they were proper solicitors on both sides) picked it up? The buyers solicitor seemed very on the ball all the way through (ours was a bit dopey).
It's all fine and was quickly sorted out - it was paid off three years ago - but how come neither of the solicitors (and they were proper solicitors on both sides) picked it up? The buyers solicitor seemed very on the ball all the way through (ours was a bit dopey).
bad company said:
Someone once told me that assume makes an ASS out of U and ME. Sorry but this looks like an excellent example of just that.
Super helpful post. I'm sure the OP is appreciative. 
Hopefully you have some paperwork from the council CONFIRMING that they will be chasing the previous owners for this money and it's nothing to do with you OP? That will at least help your case with the prospective purchasers albeit they make walk away anyway.
Failing that you have two options I would guess as IANAL; pay the £10K and chase the previous owners yourself or ask your solicitor to set up an agreement to hold £10K in an account as a show of good faith to the prospective purchasers. That way you can set their minds at rest whilst getting the council to do the damn job they said they would!
BertBert said:
garyhun said:
No one is saying that, and you know that,
so why post such rubbish?
er, yes they are hunso why post such rubbish?
Secondly, people were saying the OP should not have assumed that payment had been made. That’s just common sense advice.
Now please show me where people were blaming the OP!
I had a email 3 years ago forwarded on to me by my solicitor stating that the previous owners had agreed to pay the outstanding charge and yes I took this as it was sorted life got in the way and I never badgered anyone to confirm this, the council never chased or got back in touch so I genuinely presumed it was cleared, I do agreee my solicitor should have chased it so he could close this off but I strongly disagree that some opinions blame me,
my solicitor was unaware this charge ever existed so was the original sellers solicitor, so was our mortgage lender, so were we, I see it as blatant fraud from the previous owners the council have contacted them recently and they responded in saying wee can't afford it now but we have property for sale if that sells we will pay it and as far as I know the council have accepted this......
my solicitor was unaware this charge ever existed so was the original sellers solicitor, so was our mortgage lender, so were we, I see it as blatant fraud from the previous owners the council have contacted them recently and they responded in saying wee can't afford it now but we have property for sale if that sells we will pay it and as far as I know the council have accepted this......
garyhun said:
Firstly, don’t show yourself up to be a complete idiot by calling me hun. It just makes you look stupid.
Secondly, people were saying the OP should not have assumed that payment had been made. That’s just common sense advice.
Now please show me where people were blaming the OP!
Sorry about that garyhun. But to be specific, telling the OP what he did wrong is not advice and completely unhelpful. I presume that's clear enough for you?Secondly, people were saying the OP should not have assumed that payment had been made. That’s just common sense advice.
Now please show me where people were blaming the OP!
Op has to go to his solicitor who was managing the release of the charge, he should have seen it through, he should have checked the charge was released.
When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
blueg33 said:
Op has to go to his solicitor who was managing the release of the charge, he should have seen it through, he should have checked the charge was released.
When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
Maybe read the thread...?When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
turbo9111 said:
my solicitor was unaware this charge ever existed so was the original sellers solicitor, so was our mortgage lender, so were we...
Centurion07 said:
blueg33 said:
Op has to go to his solicitor who was managing the release of the charge, he should have seen it through, he should have checked the charge was released.
When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
Maybe read the thread...?When op instructed solicitor on the sale, the solicitor should have flagged this up early on so it didn't come as a surprise.
Op was a bit naive, but as lay person thats to be expected. The solicitor has mismanaged this
turbo9111 said:
my solicitor was unaware this charge ever existed so was the original sellers solicitor, so was our mortgage lender, so were we...
it couldn't be picked up as it was never registered as per earlier in the thread, It looks to be have been created with seriously out dated paper work and only come to light when someone happened to find it in the original file for the original application/flood defence works,
Also from advice earlier in the thread its possible that this was all done using very old government legislation which i would like to think isn't worth the paper its written on but trying to get the local council to accept this is proving difficult, Maybe someone at the local council has cocked up big time and now they've decided to run and hide...
Also from advice earlier in the thread its possible that this was all done using very old government legislation which i would like to think isn't worth the paper its written on but trying to get the local council to accept this is proving difficult, Maybe someone at the local council has cocked up big time and now they've decided to run and hide...
There is a lot of great advice from Monday morning quarterbacks. Shoulda, Woulda, coulda.
Op - you really can only sort this out with proper legal advice.
A least a formal response to the council.
Could your buyer purchase an insurance policy for the 10,000 in the event it ever falls due to them ? As was discussed previously.
This at least would enable the sale whilst you and the former owners sort it out.
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