Potential mis-sold lease in 2015

Potential mis-sold lease in 2015

Author
Discussion

Ducati996R

Original Poster:

94 posts

86 months

Friday 7th August 2020
quotequote all
Hi
Appreciate that there are two sides to an argument
We feel that were miss - sold a lease extension.. anyone had similar issues /success in claims against solicitor
Cheers

loafer123

15,448 posts

216 months

Friday 7th August 2020
quotequote all
Ducati996R said:
Hi
Appreciate that there are two sides to an argument
We feel that were miss - sold a lease extension.. anyone had similar issues /success in claims against solicitor
Cheers
Residential or commercial?

Ducati996R

Original Poster:

94 posts

86 months

Friday 7th August 2020
quotequote all
loafer123 said:
Residential or commercial?
Residential

loafer123

15,448 posts

216 months

Friday 7th August 2020
quotequote all
Not something I have experience of, but in the past I have referred people to this site;

https://www.lease-advice.org/

A205GTI

750 posts

167 months

Saturday 8th August 2020
quotequote all
Been through this. these are the steps

Short Verison

1, complain in writing to solicitor, (They will reject your claim)

2, Write to SRA outlining complaint, (Wait 12-16 weeks for them to contact you)

3, They will make a decision

4, Accept or Reject there decision,(If you go down this route you will not be able to go through small claims court)

Long Version
We were mislead on lease by solicitor complained that they did not cover lease payment by previous owner, they did pay this took 12 weeks.

We then complained about the lease being close to the 80 years and what that would mean to extend, they rejected this claim

Went to SRA who lady we spoke to said no case, we asked for review other person decided there was a case to answer

Given claims handler who was great and was on our side, However she went off on long term sick leave, so given another handler who you could tell just wanted it cleared from her desk, they did uphold our claim but at a massively lower amount that we were asking for.

So we did get a win but it does take a long time and is mostly paperwork.

Good luck OP

Ducati996R

Original Poster:

94 posts

86 months

Saturday 8th August 2020
quotequote all
A205GTI said:
Been through this. these are the steps

Short Verison

1, complain in writing to solicitor, (They will reject your claim)

2, Write to SRA outlining complaint, (Wait 12-16 weeks for them to contact you)

3, They will make a decision

4, Accept or Reject there decision,(If you go down this route you will not be able to go through small claims court)

Long Version
We were mislead on lease by solicitor complained that they did not cover lease payment by previous owner, they did pay this took 12 weeks.

We then complained about the lease being close to the 80 years and what that would mean to extend, they rejected this claim

Went to SRA who lady we spoke to said no case, we asked for review other person decided there was a case to answer

Given claims handler who was great and was on our side, However she went off on long term sick leave, so given another handler who you could tell just wanted it cleared from her desk, they did uphold our claim but at a massively lower amount that we were asking for.

So we did get a win but it does take a long time and is mostly paperwork.

Good luck OP
Appreciate the info .... cheers

Stay in Bed Instead

22,362 posts

158 months

Saturday 8th August 2020
quotequote all
Mis-sold by whom?


Ducati996R

Original Poster:

94 posts

86 months

Saturday 8th August 2020
quotequote all
Stay in Bed Instead said:
Mis-sold by whom?
Lease that was arranged by solicitor has clauses in it that were not at the time explained and other lease alternative options that would have been available were not at the time discussed/offered

Stay in Bed Instead

22,362 posts

158 months

Saturday 8th August 2020
quotequote all
Ducati996R said:
Lease that was arranged by solicitor has clauses in it that were not at the time explained and other lease alternative options that would have been available were not at the time discussed/offered
The freeholders solicitor or your solicitor?

Ducati996R

Original Poster:

94 posts

86 months

Saturday 8th August 2020
quotequote all
Stay in Bed Instead said:
The freeholders solicitor or your solicitor?
Mine is saying that it was arranged by freeholders management company ...it was all done by my brother back in 2015 ...the issues only came to light when we put the flat up for sale and lost a buyer ..I'm waiting for all the paperwork to come from solicitor as my brother can't find any ...

Stay in Bed Instead

22,362 posts

158 months

Saturday 8th August 2020
quotequote all
Ah, so you are complaining that the management company mis-sold the lease extension.

Did your brother not have legal representation in that transaction?

Ducati996R

Original Poster:

94 posts

86 months

Saturday 8th August 2020
quotequote all
Stay in Bed Instead said:
Ah, so you are complaining that the management company mis-sold the lease extension.

Did your brother not have legal representation in that transaction?
He had a solicitor ..who is stating that the lease offered was not bad as of 2015 and had no reason to offer him options

Stay in Bed Instead

22,362 posts

158 months

Saturday 8th August 2020
quotequote all
Ducati996R said:
He had a solicitor ..who is stating that the lease offered was not bad as of 2015 and had no reason to offer him options
Okay ta.

So you are complaining to the solicitor that the advice given to his client, you brother, was inadequate and has resulted in financial loss. The solicitor didn't sell your brother anything. It's important to know what you are complaining about I feel.

Good luck.


Ducati996R

Original Poster:

94 posts

86 months

Saturday 8th August 2020
quotequote all
Stay in Bed Instead said:
Okay ta.

So you are complaining to the solicitor that the advice given to his client, you brother, was inadequate and has resulted in financial loss. The solicitor didn't sell your brother anything. It's important to know what you are complaining about I feel.

Good luck.
Cheers