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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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Buyer pulls out of house purchase-Costs


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i am due to be exchanging contracts this friday and moving to ireland. My house in the UK had an agreed sale 6 weeks ago. I have agreed to purchase a house in ireland and had instructed a solicitor in the UK to handle the sale of my house for which the proceeds were being used to purchase the house in Ireland. i have also had to instruct a solicitor in ireland to handle the house purchase in ireland.

 

The estate agent in the UK has received notification this morning that the buyer has pulled out of the agreement to buy my UK property. The estate agent has told me that i am going to be liable as well for my own solicitors fees as well as the ireland solicitors fees for land searches etc as they have carried out the work

.

 

On a side note as to my divorce settlement, i am being hit with £400 a month Spousal maintenance until my house is sold

 

I have been left to foot the bill of two lots of £750.00 solicitors costs. total £1500, removers cost as well as they were booked for friday etc

 

Can i claim against the person who puled out of the sale at the last minute to claim these costs. Contracts were being exchanged this friday so has a verbal contract been formed

 

thanks

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i am due to be exchanging contracts this friday and moving to ireland. My house in the UK had an agreed sale 6 weeks ago. I have agreed to purchase a house in ireland and had instructed a solicitor in the UK to handle the sale of my house for which the proceeds were being used to purchase the house in Ireland. i have also had to instruct a solicitor in ireland to handle the house purchase in ireland.

 

The estate agent in the UK has received notification this morning that the buyer has pulled out of the agreement to buy my UK property. The estate agent has told me that i am going to be liable as well for my own solicitors fees as well as the ireland solicitors fees for land searches etc as they have carried out the work

.

 

On a side note as to my divorce settlement, i am being hit with £400 a month Spousal maintenance until my house is sold

 

I have been left to foot the bill of two lots of £750.00 solicitors costs. total £1500, removers cost as well as they were booked for friday etc

 

Can i claim against the person who puled out of the sale at the last minute to claim these costs. Contracts were being exchanged this friday so has a verbal contract been formed

 

thanks

 

Verbal contract for sale of land?

See LP(MP)A 1989 S2(1)

http://www.legislation.gov.uk/ukpga/1989/34/contents

 

However, you must also consider Helden v Strathmore Ltd:

http://www.bailii.org/ew/cases/EWCA/Civ/2011/542.html#para27

 

"It proceeds on a fundamental misunderstanding of the reach and purpose of that section, a misunderstanding, it is fair to say, which appears to be not uncommon. Section 2 is concerned with contracts for the creation or sale of legal estates or interests in land, not with documents which actually create or transfer such estates or interests. So a contract to transfer a freehold or a lease in the future, a contract to grant a lease in the future, or a contract for a mortgage in the future, are all within the reach of the section, provided of course the ultimate subject matter is land. However, an actual transfer, conveyance or assignment, an actual lease, or an actual mortgage are not within the scope of section 2 at all"

Edited by BazzaS
Typo of the year for the LP(MP)A corrected
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Getting back on topic, I don't think that the OP has any claim against the proposed buyer that pulled out as contracts had not been exchanged.

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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