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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs, We found a website and was interested in purchasing

Resolved Question:

Dear Sirs,
We found a website and was interested in purchasing 2 agricultural lots in Birmingham, West Midlands, after phone calls with the representative of Buckley Lane Ltd, 140 Hockley Hill, Birmingham, we decided to invest in 2 plots as we are getting on in years, thought this would be something that is hassle free. Once we read through the contract to purchase and the Assured Tenancy Agreement, we signed and paid the deposit of GBP1700. We are South Africans that live and work in Malaysia. Once the deposit was received, we had heard nothing further and through e-mails I had to ask whether an attorney is going to contact us confirming the deposit is being held in a trust account and to draw up the necessary documentation for the transfer, this is where it we got "cold feet" the one attorney (Messrs Hujan and Co Solisitors of 24 Showell Green Lane, Sparkhill Birmingham) kept on at not having an instruction, although I had clearly given him the instruction to do the transfer, then the company sent an e-mail saying that they have changed to new attorneys, we decided we would rather want a refund and will put the idea on the back burner There's nowhere in the contract, and not any mention through all the correspondence was made that this is a non refundable deposit. Needless to say we have had no response whatsoever from the company or the representative.
We are in our 50's and GBP1700 is a lot of money for us, we would just like to have our money refunded. Would you be able to advice on how we may go about this and being in Malaysia and not knowing the law does not make it easier, we would greatly appreciate your assistance.
Regards
Charmaine Jonk
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you sign any Solicitor terms and conditions please?
Customer: replied 2 years ago.

Hi Alex,

No nothing was signed with a solicitor, I can email you the contract and the Assured Tenancy Agreement.

Regards

Charmaine

Expert:  Ash replied 2 years ago.
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?
Alex
Ash and other Property 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