How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Your Own Question
,
Category: Law
Satisfied Customers: 2454
97337639
Type Your Law Question Here...
is online now

My wife and I have made a property investment which has

This answer was rated:

Hi my wife and I have made a property investment which has failed to complete on time. We exercised our contractual right to rescind. The seller and his solicitor have acknowledged but no more. This rescission was notified on January 2nd 2019. How do we bring more pressure to bear? Our conveyancing solicitor is being ignored by the other side.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Only the rescission via our conveyance solicitor
Assistant: Where is the property located?
Customer: Huddersfield
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 7 days ago.
The developer has disconnected his office telephone. None of the sales agents are in touch with him. 4 of his other companies have gone into administration this year. (The gazette is my source.)

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I would recommend that you send them a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

You would sue for your losses due to breach of contract and failing to complete on time.

After giving them 14 days, you would then need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter would be dealt with on paper by a Judge, not at a hearing. Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here: www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

Once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the high court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Jim1079 and 2 other Law Specialists are ready to help you