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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I signed a contract for an apartment purchase in UK back

Resolved Question:

Hi, I signed a contract for an apartment purchase in UK back in 2004. Purchase Price was 222,500 of which I paid a 10% deposit. I did not complete the purchase in 2009 when the apartment was completed and forfeited the 10% deposit. The developer (now in Administration ) has today (10 years later) wrote to me claiming for damages (200,000 + ). I do not live in the UK and obviously do not have access to 200,000 +
What advice would you give me - I live in the Republic of Ireland
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The developer is time barred under the Limitation Act 1980 as any claims under contract must be brought within 6 years and this time period has long passed.

You may reply and state that you deny any liability and in any event, their claim is time barred under the Limitation Act.

May I help further?
Customer: replied 3 years ago.

Ok but would they not argue that the 6 years period is measured from "the earliest time at which an action could be brought"..... would this not be the date that I was required to complete the purchase rather than the original contract date ?


 


This date was 31st March 2009


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes, in that case the 6 year clock would start ticking from 31 March 2009.

You may either do nothing and see if they start court proceedings which they would need to do by 31 March 2015.

Or you may acknowledge the claim and try and settle the matter with them. I would recommend the first option to see if they really pursue you as you have already forfeited the deposit and you are in another jurisdiction.

At the end of the day, it will be up to the courts to decide whether you are liable to compensate the developer over and above the deposit already forfeited. If the development has completed and the property has been sold at more or less what you agreed to buy it for, I do not see them getting anything over and above the deposit.

However, claiming 200K is like saying that the property you agreed to buy has no other buyers and you must therefore compensate them for this. You need to check what the current property prices are for this property and whether it has been sold, and if so, for how much.

May I help further?
Customer: replied 3 years ago.

The property was sold as part of the entire block with the builder going into administration and they allocated 80K credit to me for the apartment .... however interest charged at 8% totals 77K hence the 200K


 


Worst case scenario - a judgement is found against me in a UK court. What does this mean for a citizen of Ireland ? Is it enforceable in any way ? Would I be able to freely travel to the UK ?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, the judgement would be enforceable against you in Ireland and yes, you would be able to freely travel to the UK, the judgement is a civil matter and it does not affect your right to travel freely to the UK as an Irish national.

See here for information on enforcement of foreign judgements in Ireland

http://www.legal500.com/assets/images/stories/firmdevs/dill11037/enforcement_of_foreign_judgments_in_ireland_-_dillon_eustac.pdf

Please leave feedback
Customer: replied 3 years ago.

Lastly when you say "Yes, the judgement would be enforceable against you in Ireland" What exactly would happen ?


 


 


Many thanks G

Expert:  UKSolicitorJA replied 3 years ago.
That may depend, it could mean making you bankrupt if you do not pay, or it would affect your credit rating etc.

See here for a better understanding if the implications

http://www.morganmcmanus.com/debt/debt_collection_process_roi.html
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