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I think we have several areas where we have incurred losses:- arise in several areThe here has been the direct loss
Oops - sorry: 1. Interest incurred on the mortgage we had to take out while we wait to sort out the ownership issue - say interest of 5% on Pds120K x 5 years. 2. Pds300 deposit paid to the solicitor as a deposit on the aborted sale. 3. Expenses and emotional turmoil in dealing with Barratt's.
We lost the sale of the apartment because we had sold it 'with a parking space'. After it was found that the parking was not included on the Deed the sale fell through. As a result we had to obtain a mortgage for the amount of money we had commitments for (Pds120K) as we were not confident of finding a new buyer and finalising the sale in time to meet our property commitments.
What is the loss you are seeking to claim? But the only reason you lost the sale was because it didn't have a parking space? Has it been sold now?
The only reason the sale halted was because the purchasers were buying it with a car parking space - that no longer existed. When we found out that there was no parking space and that it was likely to take many weeks or months to sort out they offered a reduced purchase price which was not acceptable to us plus would have left us with a parking space (and its related leasehold costs) which on its own we were unlikely to be able to sell. The sale therefore fell through. As we needed funds quickly, we went for a re-mortgage of the flat. Also, please don't let's get stuck on financial compensation - fundamentally we want to have Barratts sort out the mess with the Deed that they caused. shed. I thought a financial claim as well as compensating us would focus their attention on sorting out the registration of parking space?
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded 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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?