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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Law
Expert:  Ash replied 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years ago.

Can you please tell me what possible defence they would have

Expert:  Ash replied 2 years ago.
I can't see how they will have a defence. I guess only if he didn't know about it.
Alex
Customer: replied 2 years 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 2 years ago.
Ignorance is not a defence.
Alex
Customer: replied 2 years 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 2 years ago.
Indeed. Sadly I can't be instructed its against sites rules. I am sorry.
Alex
Customer: replied 2 years ago.

OK,many thanks for your help. Michael.

Expert:  Ash replied 2 years 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 and other Law Specialists are ready to help you
Expert:  Ash replied 2 years 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