How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

In January 2005 we purchased a flat from Barratt homes plus

Resolved Question:

In January 2005 we purchased a flat from Barratt homes plus a separate parking space in the underground parking. Recently, while trying to sell the flat, we discovered that transfer documentation for the parking space had not been sent by Barratt's to our solicitors and we had failed to realise that it was not included on the Deed for the flat. This only came to light during the sale process. We lost the sale as a result and instead had to take out a mortgage to cover our financial commitments instead of having access to the sale proceeds.
We contacted Barratt Homes in May this year. The agree that we purchased the parking space, and in June they admitted verbally that the issue had been caused by their omission and undertook to solve the situation. The problem has been exacerbated by them having subsequently sold the freehold of the building. In July, the person I am dealing with has said that a Barratt director had authorised them to sort out the situation and a that their lawyers were now in discussion with those of the owners of the building as to how to solve the problem.
Since the problem arose, I have had to do all the chasing with Barratt's who have not been proactive on any occasion and until today we still have no progress.
1) we wish to get the ownership of the parking space sorted out.
2) we do not believe that we should incur any costs in so doing as Barratt's have admitted responsibility.
3) Can we claim compensation from Barratt's for the costs we have incurred in having to take out a mortgage - interest etc?
Best regards
Barry Gray
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : How do you quantify any loss please?
Customer:

I think we have several areas where we have incurred losses:- arise in several areThe here has been the direct loss

Customer:

Oops - sorry: 1. Interest incurred on the mortgage we had to take out while we wait to sort out the ownership issue - say interest of 5% on Pds120K x 5 years. 2. Pds300 deposit paid to the solicitor as a deposit on the aborted sale. 3. Expenses and emotional turmoil in dealing with Barratt's.

Alex Watts : How much are you seeking ?
Alex Watts : But how have you lost interest? Surely the parking space is only 10% or less of the property value?
Customer:

We lost the sale of the apartment because we had sold it 'with a parking space'. After it was found that the parking was not included on the Deed the sale fell through. As a result we had to obtain a mortgage for the amount of money we had commitments for (Pds120K) as we were not confident of finding a new buyer and finalising the sale in time to meet our property commitments.

Alex Watts :

What is the loss you are seeking to claim? But the only reason you lost the sale was because it didn't have a parking space? Has it been sold now?

Customer:

The only reason the sale halted was because the purchasers were buying it with a car parking space - that no longer existed. When we found out that there was no parking space and that it was likely to take many weeks or months to sort out they offered a reduced purchase price which was not acceptable to us plus would have left us with a parking space (and its related leasehold costs) which on its own we were unlikely to be able to sell. The sale therefore fell through. As we needed funds quickly, we went for a re-mortgage of the flat. Also, please don't let's get stuck on financial compensation - fundamentally we want to have Barratts sort out the mess with the Deed that they caused. shed. I thought a financial claim as well as compensating us would focus their attention on sorting out the registration of parking space?

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you