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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70700
Experience:  Over 5 years in practice
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Hi, We bought a house in December and paid the solicitor

Customer Question

Hi,

We bought a house in December and paid the solicitor everything that they asked for in order for the sale to go through.

A few weeks ago we got a letter for stamp duty saying we had not paid it.

We thought that we'd paid it at sale with all the other costs to the solicitor.

The solicitor says they forgot to pay it but they hadn't charged us for it and they paid it but are now demanding 2k from us.

We thought we'd pay it and it's 2k we have not got as we have just moved into a new house.

Is there anything we can do ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

The solicitor simply forgot to put it on the bill?

If it had been put on the bill, because obviously you have to pay it, how would you have paid it if you do not have it?

Would you not have gone ahead with the purchase of the house?
Customer: replied 3 years ago.

Yes of course we would, we had spare money around 10k at the time but the solicitor told us the costs and said that was everything, we paid it and got the house.


 


Since then we have spent all our money on doing the house up and then we got a bill for the stamp duty. It was a shock as we thought we had paid it but the solicitor said that they did not charge us for it even though they had said they had.


 


They have since paid it and are now demanding the amount from us but we don't have it. Are they at fault here and is there a way out of it or do we have to pay them ?


 


Kind regards

Expert:  Jo C. replied 3 years ago.
Thanks.

There is no way round paying the Stamp Duty Land Tax so you are going to have to do find it eventually in some shape or form but there are things that you can do.

You do have a cause for complaint against the solicitor because the solicitor’s service has clearly fallen below the standard which could reasonably have been expected.

You need to write to the firm’s Complaints Partner and ask for his substantive proposals how to deal with this matter. If he does not come up with an acceptable solution for you, then make a formal complaint to the Solicitors Regulation Authority. The Authority will not deal with negligence issues but will deal with service issues and can order the solicitor to give you compensation if appropriate.

It is also possible that they can make the solicitor not only pay you compensation would also make them except a proposal for you to repay the Stamp Duty Land Tax monthly, over a period of time.

Can I clarify anything for you?

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/