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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6008
Experience:  Senior Associate Solicitor
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3 years ago me and my wife purchased house, during that

Customer Question

Hello, 3 years ago me and my wife purchased house, during that process we have been served by conveyancing firm, which was dealing with all the searches. I remember that one of the searches came back with information about waste handling companies in our area and certain radius, including nuclear waste. There was nothing around the house we were buying. Unfortunately recently we discovered that in fact there is old nuclear waste site just 200m away from us and we were not informed about it. We are very worried now about and we feel that conveyancing firm did not do job properly, and event withheld that information purposely, being afraid that we would not buy the house.
JA: Where are you? It matters because laws vary by location.
Customer: Gillingham England
JA: What steps have you taken so far?
Customer: this is the first step to ask lawyer for opinion what we can do
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 8 days ago.
Category: Law
Customer: replied 8 days ago.
question is: if there is any chance of any compensation? information of that nuclear waste was recently published in local medias and we are afraid that value of the house will be lower because of that fact, and we might have difficulties selling house in future. Basically knowing about it we would not buy the house at all
Expert:  JimLawyer replied 8 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today. I am typing out your answer.

 

Expert:  JimLawyer replied 8 days ago.

This is a case of professional negligence, so you first of all need to send the lawyers a letter of claim.

The amount to claim would be the diminution in the property value given the existence of the waste site. You would need a valuation from the estate agency and to ask them what the reduction in price it - you then have a sum to claim.

I have uploaded a template letter which you can use to tailor to your situation.

You need to give them 14 days to acknowledge the letter and once they do, they have up to 3 months to confirm their liability decision. If they deny liability (which is unlikely in your case as the error is clear and obvious) then you can commence county court proceedings using the form N1 (copy attached) and post 3 copies with the court fee to :

  • County Court Business Centre, PO Box 527, Salford, M5 0BY.

The court fee is depends on the sum claimed and details can be found at page 5 here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789201/ex50-eng.pdf

If you prefer a law firm to handle the case you can use a no win no fee firm and that may be wise if the claim is likely to be substantial.

I can recommend either http://www.slatergordon.co.uk or http://www.irwinmitchell.com

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 8 days ago.

I hope I have helped.

Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking “submit”.

Many thanks,

Jim