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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a detached 3 bedroomed property on a right

Resolved Question:

Hi,
I purchased a detached 3 bedroomed property on a right to buy scheme from a housing association in 2007. I was a secure tenant and It was freehold. The housing association offered the property with a maintenance fee attached. This I queried with my solicitor who wrote and requested what it was for and they said it was for cutting the grass adjacent to the property. I was still very unhappy but the solicitor just passed it off and said sometimes they do this. The land in question did not belong to me. However, I paid these maintenance fees until the sale of my property in October 2016. The housing association attempted to get the new owners to also pay these fees but it transpired that nowhere in the title deeds did it stipulate that the property was sold with a maintenance fee attachment. The boundary line for the property is complete and solid. Despite their efforts they had to concede and could not enforce the new owner to pay. I have since requested my money back for the housing association as I believe they had no legal right to charge them in the first place. They actually state in a letter that neither they or their solicitors have any paperwork pending the sale of the property and my only recourse would be for me to review the offer. Yet, they were still taking money off me every month and I have evidence that on the account that I am paying these fees I am labled as an assured tenant. They have totally dismissed me and any claim. The total amount of money paid is around £1,130. Do I have a case against the housing association and the acting solicitor?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Yes you have a chance to get your money back. But you can claim 6 years under the Limitation Act 1980.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
Customer: replied 1 year ago.
Can I ask why do I have to pay again?
Expert:  Ash replied 1 year ago.
You dont have to pay again for this question, its just if you want a phone call which I offer, that is an additional service.
Expert:  Ash replied 1 year ago.
Can I clarify anything about your question, I have outlined how to issue proceedings etc?
Customer: replied 1 year ago.
I have already sent them a letter requesting my money back and failure would result in me taking legal action. They ignored my demand but I know they received my letter as all my correspondence was sent recoded delivery.
Customer: replied 1 year ago.
Is the solicitor negligent also?
Expert:  Ash replied 1 year ago.
Ok - then you can either issue proceedings now or resent the letter.The Solicitor may have also been negligent. But you paid the Association for the charges.Does that clarify?Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes that clarifies. However, although I paid the fees to the housing association my contract was with the solicitor who was supposed to be acting in my best interest. Out of courtesy I contacted the solicitor who merely said I signed the offer. I tried to argue that though I did this it was because he had said basically there was no recourse. He just said he did not know what I was saying.

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