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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 property in 2014 on 28th November. I have

Customer Question

I purchased a property in 2014 on 28th November.
I have since found out the stamp duty rates changed on 5th December and therefore I overpaid stamp duty by £2,400 (£380,000 property primary home).
I feel that I was wrongly advised by my solicitor and should have been told to wait the week to complete. This would have saved me thousands of pounds.
This far down the line would I have a claim to request compensation for wrongful advice from the original solicitor who didn't inform me of the law change?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

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

Has the Managing Partner given a response yet please?

Customer: replied 1 year ago.
I haven't been in contact with the solicitor yet as I wasn't sure if I would have a case?
Expert:  Ash replied 1 year ago.

Yes. If you were given wrong advice or they were not negligent then potentially you do.

Can I clarify anything for you about this?

Customer: replied 1 year ago.
Is it the role of a solicitor to inform me of this law change?
On what grounds would I be requesting compensation? Is there a specific part of the law I should refer to?
Expert:  Ash replied 1 year ago.

Negligence or failed to act with all reasonable skill and care as per the Sale and Supply of Goods and Services Act 1982

Does that clarify?

Customer: replied 1 year ago.
Could they argue that the advice to delay sale would have been them giving advice to avoid tax?
Is this against what a solicitors care agreement states?
Expert:  Ash replied 1 year ago.

I dont know what the client care agreement says, I haven't seen what you signed.

You say you have been wrongly advised. Therefore you should have been given the choice.

Does that clarify?

Customer: replied 1 year ago.
What would be my next steps to take this further with them? Would I need a formal letter or to take them to court?
Expert:  Ash replied 1 year 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://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 1 year ago.
Is there any particular terminology I should use to make sure I am not implying they should have advised me to avoid tax, which I assume is against your legal responsibilities?
Expert:  Ash replied 1 year ago.

Just that they were negligent. That is it. Nothing wrong with avoiding tax if it is legal.

Does that clarify?