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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 11620
Experience:  Solicitor
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We have recently moved house. The buyers, a property

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We have recently moved house. The buyers, a property development company exchanged contracts on the 14/12 and then failed to complete on the 18/12. We had to unpack our removal Larry and stay at home until 4/1/19. They did complete but although our solicitor included our removal costs in the final statement they refused to pay this. Does this come within the 'incidental costs' described in the exchange contract. They paid the interest and our solicitors costs associated with serving of the notice on them. They say our removal costs are not covered.....what do you think?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have written to them with a notice of intent to go to the small claims court...the above is their reply to us.
Assistant: Have you talked to a lawyer about this?
Customer: No...
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: only that this company used every trick in the book to fleece us, leading up to the sale....

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

How much are the extra costs?

Customer: replied 2 months ago.
163;1620

You need to write and set out your losses and request payment within 14 days of the letter of claim, 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 pay 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

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.

This is breach of contract. They agreed to complete, they failed to do so.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 2 months ago.
Their argument seems to rest on an interpretation of matter so incidental being wholly related to the solicitors costs and not ours. If the court agrees with them what costs would we have to pay?

Its not incidental. If you lose then there are no fees to pay.

It is a small claim. They can't claim legal costs of defending.

Does that clarify?

Customer: replied 2 months ago.
thank you

Can I assist with anything else today?

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