People in contracts disappearing - what to do!

[elise2000]

Hi

I'm presuming this happens relatively often, so hoping there is a procedure!

We are selling some land, and there is a uplift clause that we are due to pay to the person who sold us it a number of years ago. The only details we/solicitors/land registry have are an address which they are no longer at. No phone numbers/forwarding address etc.

It is not just that we need to pay them, but the clause will also pass to the new owners of the land, so they need to be in the sale contract.

Any ideas welcome!

Thanks in advance

[SO27]

Private detectives can be used to find people.

[LooneyTunes]

Your solicitor should be sorting this.

If the relevant party have not provided any updated address (which they are probably supposed to do), using last known address per CPR 6.9 would be defensible and sensible? (I realise it s not technically a service issue but adopting the same approach as if there were legal action underway doesn t seem unreasonable to me)

Edited by LooneyTunes on Tuesday 10th March 10:13

[Panamax]

a) Private detective, or
b) Adjust the price on your sale so the new owners pay the uplift if and when demanded. Obviously this means trusting them to actually pay it...

If the people owed the uplift have any sense they will have set up a free "Property Alert" at the Land Registry. This means they would be notified of any enquiries about the Title and certainly any change of ownership. This process operates by email so even if someone has moved house they may still have the same email address.

[22]

Mrs 22 was recently 'found' by a tracing agency. No obvious digital links between her and the people looking - so they must be good at it.

[hidetheelephants]

Unless they've a very common name it's usually straightforward to find people who aren't actively seeking to hide and are still in the UK, 192.com is helpful even if you don't pay for a subscription.

[elise2000]

SO27 said:

Private detectives can be used to find people.

fair point!

[elise2000]

LooneyTunes said:

Your solicitor should be sorting this.

If the relevant party have not provided any updated address (which they are probably supposed to do), using last known address per CPR 6.9 would be defensible and sensible? (I realise it s not technically a service issue but adopting the same approach as if there were legal action underway doesn t seem unreasonable to me)

Edited by LooneyTunes on Tuesday 10th March 10:13

Thanks. Solicitor is now suggesting tracing service

[elise2000]

Panamax said:

a) Private detective, or
b) Adjust the price on your sale so the new owners pay the uplift if and when demanded. Obviously this means trusting them to actually pay it...

If the people owed the uplift have any sense they will have set up a free "Property Alert" at the Land Registry. This means they would be notified of any enquiries about the Title and certainly any change of ownership. This process operates by email so even if someone has moved house they may still have the same email address.

Didn't know about that service, thanks

[elise2000]

22 said:

Mrs 22 was recently 'found' by a tracing agency. No obvious digital links between her and the people looking - so they must be good at it.

Good to know, thanks

[elise2000]

hidetheelephants said:

Unless they've a very common name it's usually straightforward to find people who aren't actively seeking to hide and are still in the UK, 192.com is helpful even if you don't pay for a subscription.

Sadly it's a common name!

[LooneyTunes]

elise2000 said:

LooneyTunes said:

Your solicitor should be sorting this.

If the relevant party have not provided any updated address (which they are probably supposed to do), using last known address per CPR 6.9 would be defensible and sensible? (I realise it s not technically a service issue but adopting the same approach as if there were legal action underway doesn t seem unreasonable to me)

Edited by LooneyTunes on Tuesday 10th March 10:13

Thanks. Solicitor is now suggesting tracing service

Don’t let him boil the ocean trying to find them (unless the contract places a “best endeavours” obligation on you, which is unlikely).

And do check that they didn’t have an obligation to update a notice/service address (which, if the contract was well written,mthey should have done).

[Quattromaster]

All this talk of private detectives and tracing agents, where do you find such people.

I need to trace a scumbag carer who robbed my mothers partner of 82,000 euro. This was in Spain last year, but I'm pretty sure she's now living on the south coast of England.

Maybe I should throw it out there to the PH massive, they seem to be able to track anybody down.