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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Is it possible for you to read the previous question to

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Is it possible for you to read the previous question to explain the situation?

Situation now: solicitor is saying they want to put a charge on the property and allow me 12 months to sell the property after 12 months there will be a interest charge of 4% above the banks base rate. They are threatening court if I dont agree to this. His money figures are all wrong as well as when cash exchanged hands he is saying he didnt recieve it?
Can you advise can I be forced to put a charge on the property? can he take me to court when there has been no written agreement on the purchase at all it was all verbal?

Alex Watts : Hello Toni my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You can't be forced to have a charge no.
Alex Watts : The only way is by consent or as a result of a court order.
Alex Watts : He can try and take you to court but on the basis there was no agreement I think he would struggle.
Alex Watts : It seems strange given the length of time it is only now being asked for. That says it all
Alex Watts : Can I clarify anything for you about this today please?

Would you think it would be reasonable to ask how they are coming up with the figures as they are incorrect he is saying I owe him more? I would assume it will come down to who has proof of payments made? and what if I cant get the information from the bank as its been over 6 years?


If i did agree to a charge which I wouldnt mind if it was the correct amount. Can he make demands such as I have 12 months to sell and then charge interest?

Alex Watts : They would have to justify and particularise any sums claimed if it went to court.
Alex Watts : If you allow a charge then they can apply for an order for sale, so it's a matter for you as to the terms of any agreement.
Alex Watts : But even if it went to court and you lost a judge would only award interest at 2-3%
Alex Watts : Can I clarify anything else?

I was going to ask the solicitor to send a list of the payments he has made and recieved from myself as really we cant move forward until that is agreed. What do you think?


If it does go to court then I will have to get a solicitor. So I could agree to a charge on the house if it was on my terms ie has to wait until its sold?

Alex Watts :

If its over £10,000 in dispute you could do with a Solicitor.

Alex Watts :

If he agrees to a charge pending sale, you need a Solicitor to draw up a contract for this - dont just take his word for it

Alex Watts :

Does that help?


ok thank you

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