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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4072
Experience:  Solicitor
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We were looking to buy a property in Altrincham in May this

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We were looking to buy a property in Altrincham in May this year. We were told by on of our friend about a property that was soon to come up on the market and we arranged an appointment with the landlord for viewing. We liked the property and told the land lord that we would be interested and put an offer. He asked for a deposit of £62000 to be paid to him to take the property y off the market. P paid this amount in three transactions to the landlord’s bank account and I got a text message confirming the receipt of the money. We had applied for mortgage with Halifax and the lender arranged valuation prior to approval of the mortgage. The lender valued the property 50000 below the offer we had put and the valuation report highlighted major issues with the property. I informed the landlord that we could not proceed with the sale as the lender would lend the mortgage and we did not have sufficient money to fill the gap as result of the valuation. I asked for the money to be returned. We were surprised to find that the landlord had used up our deposit to pay off his lender to prevent the property being repos seed (as per his text message to me). I insisted that he needs to return the money as we needed the money to peruse buying a property. He said he would sell the property and return our money and he informed us that he has found a buyer and he is exchanging. He is moving to USA and he said he will be back in August when he will return the money. When he returned from USA he said he will return the money in November an before that his (landlord’s) uncle had told us the he has spoken to his nephew and he would be returning the money in September. He was still telling us the he is exchanging and the sale process has not been completed. I have since found that the house is not sold and he has been lying to us. We are left at his mercy to buy property as we need the money for deposit and he has been telling us that he will return the money all along. We have lost trust in him and worried that he may move to USA without returning us the money. I have all his text messages on my phone in support of the above conversations we have had with him and bank transactions as proof of transfer of money to his account and the confirmation from him.
1) What legal action can we take to recover our money and how do we go about this?
2) I have insisted that he give me writing that he would return our money in November and this should be through a solicitor so that it has value in the court of law, should he not return the money in November as promised. He agreed for this a month ago but he has not provided us with the legal document. I have offered to him we will approach the solicitor and prepare the legal document and would he be willing to sign this. He has agreed to this after he has a chance to see the document.
How do go about producing this legal document. The document should state the above facts, the amount he has received and by what date in November he would return the money to us and also a clause which should state that this will be passed to bailiff to recover out money should he fail to return the money by the agreed date
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 10 months ago.
what about my second point ?
Customer: replied 10 months ago.
how do I go about the legal document and who I do I contact, Can you do this. will it have value in the court of law
Expert:  Jamie-Law replied 10 months ago.

You need to get a Solicitor to confirm and get a document signed by him to confirm the money will be recovered.

Ideally you want it secured on any assets, that way you have security

Does that clarify?

Expert:  Jamie-Law replied 10 months ago.

Yes the document has value in Court

Customer: replied 10 months ago.
Would you be able to this and I will pay the fees or would you recommend ay one in Manchester area ?
Expert:  Jamie-Law replied 10 months ago.

Sadly I cant be instructed as I work for the site. However you can find a civil litigation Solicitor locally by going here:

http://solicitors.lawsociety.org.uk/

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Ok thanks
Expert:  Jamie-Law replied 10 months ago.

All the best.