Have you asked the solicitors for details of their indemnity insurance policy?
Have you told them that you are now paying more on your old mortgage than on the new mortgage?
Do you know how much is needed to pay off the two charges which should have been removed
The solicitor who acted when you purchased the property has been negligent.
You only have six years from when this came to your notice to bring a claim against the solicitor so the clock is ticking.
You should not have to pay this money because this should have been dealt with when you bought the property.
I suggest that you get your current solicitor to write to the earlier solicitor asking them for details of their indemnity policy or getting their agreement to remove the charges within the next 7 days or agreed to pay your current solicitors costs for doing so.
You are under a duty to mitigate your loss, and hence, for the sake of £120, you might want to simply pay your current solicitor to remove the charges and then ask the old solicitor to pay that cost and if not, sue them in the Small Claims Court.
It is going to be cheaper to pay your current solicitors costs for losing the charges than it is to pay the extra £130 per month, every month, and your old mortgage which is dearer than your new mortgage.
Ultimately, the solicitor is liable for the cost of putting the title right you will not necessarily recover the extra mortgage cost unless your solicitor has been aware of it.
Can I clarify anything further for you?
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If the error only came to light recently, then the six years runs from date of knowledge although if the solicitor raises limitation as a defence, there would have to be a hearing to decide the limitation issue.
You needed to have made the solicitor aware now, as soon as this came to light, that the mortgage would be more expensive staying where it is which has been forced upon you by the non-removal of the charges.
You must mitigate your loss which would mean, as I mentioned previously, paying the cost of charge removal and then recouping it from the original solicitor.
No, that’s not what I said at all.
You need to make the solicitor aware of your ongoing loss as soon as possible.
You have to mitigate that loss by resolving the issue with the charges and getting them removed if it’s only going to cost £120 because it’s cheaper than the extra payment you are making on the old mortgage compared to the new one.
Whatever it costs you, you will need to get that back from the old solicitor, by taking them to the Small Claims Court if necessary.
There is no reason why you should be out of pocket provided you get the charges removed quickly.