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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have another legal question relevant team. Through

Customer Question

I have another legal question for the relevant team.
Through my company I bought my current house to renovate. I am also living in the property and paying rent to my company.
The conveyancing solicitors advised me that the Stamp duty and land tax payable by my company would be 4% of the purchase value. The house cost £695,000.
Exchange and completion of the house took place on 28th and 29th August 2014.
I subsequently received a letter from HMRC in June 2015 advising me that they believe my company should have paid 15% SDLT which would amount to £104,250 instead of £27,800.
If I had been made aware of the 15% value I would definitely not have continued with the purchase.
What recourse do I have against the conveyancing solicitors?
Regards
John Lyons
0151(###) ###-####
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
If the Solicitors have been negligent then you may have a claim for the difference.
However if its residential it should be 4% which is £27,800.
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.
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.
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.
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.
Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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