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: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I purchased some land from a major developer.The land included

Resolved Question:

I purchased some land from a major developer.The land included a drain into the adjacent property.When I tried to connect I found that the drain connection was two metres short and the neighbour refused to allow me to connect.I have found a solution which is inferior to the solution that I purchased and cost me over £9k.My solicitors bill was £7k+ but he has kindly reduced it to £4k plus VAT.I spent a lot of time sorting this mess out and have not asked the vendor for any compensation,just payment of my costs.With the legal bill the total is £15k.The vendor has offered me £10k as a "goodwill" payment.I don't want to accept their offer because they mis-sold the site and are clearly trying to take advantage where they really should be fair and reasonable.My questions are,How much would it cost to issue proceedings ? Do they have any defence ? Would I have a chance of getting my time and effort compensated ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just so I am clear how much do you want to issue for, £15,000?
Customer: replied 1 year ago.

Hi Alex,apologies,I'm a bit slow and not very good with computer stuff.I want to recover my costs for the trouble they caused by selling me something that didn't exist.I think that they've offered me £10k because it's the max I could process a claim for myself and they know that legal proceedings are expensive and time comsuming.If I took action could I expect to achieve full payment plus my costs and would a judge also consider compensating me for the time I spent sorting it out and the anguish I have suffered.

Michael.

Expert:  Ash replied 1 year ago.
£10,000 is a small claim limit and anything over that you need to be careful of, as if you lose you would be liable for not only your legal costs but those of the other side.
Court fees are set out here but in short they are:
Small claim
Issue - £410
Hearing fee - £335
Over £10k
Issue - £675
Hearing fee - £545
Fees are set out here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hi Alex,the question was "do they have a defence"bearing in mind that they sold me something that didn't exist ?

Michael.

Expert:  Ash replied 1 year ago.
Only if it was described. If it was not described and only assumed then there is no claim.
Does that clarify ? Does that answer the question for you, as that is my goal.
Alex
Customer: replied 1 year ago.

It was shown on the plan attached to the transfer as existing,i.e. a drawn line from the site plan to a connection point,the connection point was shown to be on the land I purchasedbut it wasn't,it was two metres away on the neighbours land.

Expert:  Ash replied 1 year ago.
Ok. If it was shown and it was not there or accurate then you may well have a claim. But be warned if it goes beyond a small claim.
Alex
Customer: replied 1 year ago.

Can you please tell me what possible defence they would have

Expert:  Ash replied 1 year ago.
I can't see how they will have a defence. I guess only if he didn't know about it.
Alex
Customer: replied 1 year ago.

I'm not sure if the director knew but it was his groundworker in the presence of his site manager who told us that the drain had been stopped 10 feet short.Is ignorance a defence ?

Expert:  Ash replied 1 year ago.
Ignorance is not a defence.
Alex
Customer: replied 1 year ago.

Hi Alex,so they don't really have a defence,they sold me something that didn't exist.I have sorted the problem out and simply want to recover my costs.How much would it cost me to engage your services to take action against them ? That is if you undertake instructions in this way and want to act of course.

Michael.

Expert:  Ash replied 1 year ago.
Indeed. Sadly I can't be instructed its against sites rules. I am sorry.
Alex
Customer: replied 1 year ago.

OK,many thanks for your help. Michael.

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice