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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We purchased a house with no connection to mains sewage. Not

Resolved Question:

We purchased a house with no connection to mains sewage. Not only were sellers economical with the truth on the sellers information pack but we have reason to believe the "septic tank" system installed was done so by them in 2010 without meeting regulations at the time ie a cowboy job. Repairs if possible will run to £10000 +. Do we have redress?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did they actually lie about anything please?

Alex Watts :

Note, it may be the morning when I can reply if thats ok?

Customer:

Basically the septic tank has malfunctioned from the day we moved in. They claim they didn't experience the problems we have but neighbours say they did. They said it was all within boundary of property which is not true as tthe soakaways are on public land. They were not and are not able to produce any buildings/environmental documents because we suspect what they have installed would not pass tests. They were not able to produce BR for some other work which they argued was not needed and our solicitor advised indemnity insurance which we took out. Would indemnity insurance be a catch all or item specific. The insurance = purchase price.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

So just so I am clear, you are saying that any expenses we have incurred or money we will need to spend in rectifying a system which has malfunctioned from day one and was installed illegally (in that it did not comply with buildings or environmental) regulations at the time can be reclaimed (or an attempt made) in the way you suggest. Would we need to prove that they were "economical" to the extent of misleading on the seller's information pack? Finally, what would hinder our case or claim? Thank you.

Alex Watts : Correct.
Alex Watts : I don't think it would hinder
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