Serving Money Claim
Discussion
Hi all,
Recently purchased property with an issue. Looking to get issue resolved and serve a money claim on previous owners if they don't agree to pay half.
We don't have their address but they have a redirect set up. Can I use our address with their name and let the redirect send the papers to them?
Thanks
Recently purchased property with an issue. Looking to get issue resolved and serve a money claim on previous owners if they don't agree to pay half.
We don't have their address but they have a redirect set up. Can I use our address with their name and let the redirect send the papers to them?
Thanks
Knoxville2410 said:
Hi all,
Recently purchased property with an issue. Looking to get issue resolved and serve a money claim on previous owners if they don't agree to pay half.
We don't have their address but they have a redirect set up. Can I use our address with their name and let the redirect send the papers to them?
Thanks
Presumably you know how to contact them, as you're going to report the "issue" to them and ask for 50% payment, before you decide to take any action?Recently purchased property with an issue. Looking to get issue resolved and serve a money claim on previous owners if they don't agree to pay half.
We don't have their address but they have a redirect set up. Can I use our address with their name and let the redirect send the papers to them?
Thanks
And, as referred to above, the reason you pay solicitors is that there will be no "issues".
You might need to be a little more descriptive of what the issue is - Is it something that should've been picked up by your solicitors during their searchers? Is it their lack of due dilligence? Did the old owners cover something up?
As noted above, using the redirect wouldn't count as 'serving' the papers even if they end up in the correct place, unless the redirect applies to 'signed for' deliveries which I don't believe it does and even then could be dubious.
As noted above, using the redirect wouldn't count as 'serving' the papers even if they end up in the correct place, unless the redirect applies to 'signed for' deliveries which I don't believe it does and even then could be dubious.
I can't give too much detail, just in case.
Ultimately, it is an issue that was identified on completion day. Contact was made with the seller who obviously denied all knowledge. It is an issue that would not have occured overnight.
I emailed the sellers solicitor who advised they are not prepared to contribute toward any costs. For the sake of the small cost of a Money Claim, I feel it is worth trying to claw back 50% of this cost.
Our solicitor advised they will not deal with any disputes, the best they can do is email their solicitor (which I have done).
Ultimately, it is an issue that was identified on completion day. Contact was made with the seller who obviously denied all knowledge. It is an issue that would not have occured overnight.
I emailed the sellers solicitor who advised they are not prepared to contribute toward any costs. For the sake of the small cost of a Money Claim, I feel it is worth trying to claw back 50% of this cost.
Our solicitor advised they will not deal with any disputes, the best they can do is email their solicitor (which I have done).
J1990 said:
You might need to be a little more descriptive of what the issue is - Is it something that should've been picked up by your solicitors during their searchers? Is it their lack of due dilligence? Did the old owners cover something up?
As noted above, using the redirect wouldn't count as 'serving' the papers even if they end up in the correct place, unless the redirect applies to 'signed for' deliveries which I don't believe it does and even then could be dubious.
OP had a previous thread about issues with bifold doors on a property they recently purchased.As noted above, using the redirect wouldn't count as 'serving' the papers even if they end up in the correct place, unless the redirect applies to 'signed for' deliveries which I don't believe it does and even then could be dubious.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Knoxville2410 said:
Our solicitor advised they will not deal with any disputes, the best they can do is email their solicitor (which I have done).
Are they a conveyancing-only firm, or do they think they are expecting that you want them to deal with it "for free"? I'd have thought disputes after purchase are quite common, although probably very minor things where the legal costs will dwarf the cost of just fixing it, and perhaps it's just them hinting that.Oh my God, here we go again!
The first post and the OP wants to go all 'legal'. What is wrong with people nowadays, doesn't anyone talk to anyone else now, or is this just all part of the 'blame someone else' society we seem to live in today?
Obviously we don't know what 'the issue' is (unless it's the bi-fold doors) but you are dealing with 4 professional bodies here, Estate Agent, Surveyor, sellers Solicitor and buyers Solicitor. If they can't sort it out why do you think the seller is responsible?
What did the surveyor say about 'the issue' when you had the house surveyed before purchase?
The first post and the OP wants to go all 'legal'. What is wrong with people nowadays, doesn't anyone talk to anyone else now, or is this just all part of the 'blame someone else' society we seem to live in today?
Obviously we don't know what 'the issue' is (unless it's the bi-fold doors) but you are dealing with 4 professional bodies here, Estate Agent, Surveyor, sellers Solicitor and buyers Solicitor. If they can't sort it out why do you think the seller is responsible?
What did the surveyor say about 'the issue' when you had the house surveyed before purchase?
I'd hope that this post and the OPs suggestion of jumping to legal action means that it's for something of greater significance than the bifolds failing to lock...
OP - What home inspection did you get prior to your purchase? They might be your first port of call if it's something of significant value AND it's something that they should've picked up.
OP - What home inspection did you get prior to your purchase? They might be your first port of call if it's something of significant value AND it's something that they should've picked up.
Yellow Lizud said:
Oh my God, here we go again!
The first post and the OP wants to go all 'legal'. What is wrong with people nowadays, doesn't anyone talk to anyone else now, or is this just all part of the 'blame someone else' society we seem to live in today?
Obviously we don't know what 'the issue' is (unless it's the bi-fold doors) but you are dealing with 4 professional bodies here, Estate Agent, Surveyor, sellers Solicitor and buyers Solicitor. If they can't sort it out why do you think the seller is responsible?
What did the surveyor say about 'the issue' when you had the house surveyed before purchase?
You state that you don't know what the issue is, yet you berate me for suggesting legal action. The first post and the OP wants to go all 'legal'. What is wrong with people nowadays, doesn't anyone talk to anyone else now, or is this just all part of the 'blame someone else' society we seem to live in today?
Obviously we don't know what 'the issue' is (unless it's the bi-fold doors) but you are dealing with 4 professional bodies here, Estate Agent, Surveyor, sellers Solicitor and buyers Solicitor. If they can't sort it out why do you think the seller is responsible?
What did the surveyor say about 'the issue' when you had the house surveyed before purchase?
Thanks everyone, but I am going to leave this here. I've not started this post to get attacked for merely suggesting a suitable means of resolving an issue, especially when you clearly don't know the particulars of the case.
Thank you to those who responded with useful advice.
Happy Jim said:
Not a chance would that work as a valid Serving.
Out of interest, can I ask why you state that?The MCOL guidance is very clear that the defendants' service address for an individual is their last known residential address.
During the MCOL process you are able to update the claim with the correct address if / when it becomes known (eg. if the defendant responds).
Source: I have used MCOL successfully in the past where the defendant changed address.
Knoxville2410 on 13th October said:
Hi,
Recently bought a property with 5 pane aluminium bifold doors. There is an issue that the main door won't lock (lock not close) unless the other bifold lock is undone (the push and twist type - there are two).
As soon as you push and twist the lock nearest to the main door, the main door will then lock and you can then lock the push and twist lock.
Also, the bottom of the door catches on the bottom of the frame in one place and makes a loud-ish bang when opening!
Anyone know what the issue may be? Called a few local window fitters/glazing doctors but either getting no response or "we don't fix, only fit".
Thanks. .
Is it the bifold doors or something else?Recently bought a property with 5 pane aluminium bifold doors. There is an issue that the main door won't lock (lock not close) unless the other bifold lock is undone (the push and twist type - there are two).
As soon as you push and twist the lock nearest to the main door, the main door will then lock and you can then lock the push and twist lock.
Also, the bottom of the door catches on the bottom of the frame in one place and makes a loud-ish bang when opening!
Anyone know what the issue may be? Called a few local window fitters/glazing doctors but either getting no response or "we don't fix, only fit".
Thanks. .
These responses are ridiculous!
You now accuse me of getting pissy for not delving into further detail about the particulars of the claim. Please show me where I have asked for help regarding the claim itself? The last I checked, I asked whether you can use redirect to serve a Money Claim. I don't recall asking for your advice on whether the Money Claim is justified.
Honestly, as much as I enjoy visiting PH to have a read every now and then, it just seems full of absolute throbbers who look for any excuse to jump down someone's throat.
You now accuse me of getting pissy for not delving into further detail about the particulars of the claim. Please show me where I have asked for help regarding the claim itself? The last I checked, I asked whether you can use redirect to serve a Money Claim. I don't recall asking for your advice on whether the Money Claim is justified.
Honestly, as much as I enjoy visiting PH to have a read every now and then, it just seems full of absolute throbbers who look for any excuse to jump down someone's throat.
Your house is sold as seen, not literally but pretty much so.
If there’s an issue with the property condition you need to take it up with your surveyor.
The sellers don’t need to tell you about a broken door…you’d need to prove that you asked about the door being working and that they lied for any sort of claim against them.
If there’s an issue with the property condition you need to take it up with your surveyor.
The sellers don’t need to tell you about a broken door…you’d need to prove that you asked about the door being working and that they lied for any sort of claim against them.
elanfan said:
Except there’s an enquiry form you fill in as part of the contract. If that covers the issue and that’s been lied on….
Does it?
If your talking about the Fixtures and Fittings form, that’s not going to cover such a matter.Does it?
Edited by elanfan on Tuesday 25th October 10:06
Edited by elanfan on Tuesday 25th October 10:07
Like I say, if it’s been lied upon the onus is on the buyer to prove that.
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