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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Is it possible for you to read the previous question to

Resolved Question:

Hi
Is it possible for you to read the previous question to explain the situation?

Situation now: solicitor is saying they want to put a charge on the property and allow me 12 months to sell the property after 12 months there will be a interest charge of 4% above the banks base rate. They are threatening court if I dont agree to this. His money figures are all wrong as well as when cash exchanged hands he is saying he didnt recieve it?
Can you advise can I be forced to put a charge on the property? can he take me to court when there has been no written agreement on the purchase at all it was all verbal?
Regards
Toni
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello Toni my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You can't be forced to have a charge no.
Alex Watts : The only way is by consent or as a result of a court order.
Alex Watts : He can try and take you to court but on the basis there was no agreement I think he would struggle.
Alex Watts : It seems strange given the length of time it is only now being asked for. That says it all
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Would you think it would be reasonable to ask how they are coming up with the figures as they are incorrect he is saying I owe him more? I would assume it will come down to who has proof of payments made? and what if I cant get the information from the bank as its been over 6 years?

Customer:

If i did agree to a charge which I wouldnt mind if it was the correct amount. Can he make demands such as I have 12 months to sell and then charge interest?

Alex Watts : They would have to justify and particularise any sums claimed if it went to court.
Alex Watts : If you allow a charge then they can apply for an order for sale, so it's a matter for you as to the terms of any agreement.
Alex Watts : But even if it went to court and you lost a judge would only award interest at 2-3%
Alex Watts : Can I clarify anything else?
Customer:

I was going to ask the solicitor to send a list of the payments he has made and recieved from myself as really we cant move forward until that is agreed. What do you think?

Customer:

If it does go to court then I will have to get a solicitor. So I could agree to a charge on the house if it was on my terms ie has to wait until its sold?

Alex Watts :

If its over £10,000 in dispute you could do with a Solicitor.

Alex Watts :

If he agrees to a charge pending sale, you need a Solicitor to draw up a contract for this - dont just take his word for it

Alex Watts :

Does that help?

Customer:

ok thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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