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Conveyancing Information Question ?

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  • Conveyancing Information Question ?

    Appreciate if anyone can guide me on this one.

    Recently completed on the purchase of an apartment that was to be every much a 'last purchase' into retirement. As such, the financial situation was all important and very much a deciding factor into whether to proceed on the purchase or not. Both the marketing agents and sellers solicitors provided information that the council tax banding stood at D which was fine by me as I was prepared to appeal against the banding as it seemed high at the time. However, it was not a deal breaker.

    After moving in and contacting the local authority, I was charged on a band E basis, some £400 a year more than the lower band. On investigation, it appears that the original bandings had been 'incorrect' and the Valuation Office Agency had changed them from D to E some three years ago.

    However, neither the marketing agents or the sellers solicitors had checked that the information was current.

    My question is does any culpability exist here as I am now subject to a further £400 a year cost that remains unseen and therefore unplanned. OR is this a case of 'buyer beware' and I am simply the author or my own misfortune? I have written to both parties in complaint, some two weeks ago, but they have mysteriously failed to respond!

    Thanks!
    Tags: None

  • #2
    Re: Conveyancing Information Question ?

    :bump::bump2::bump: just bumping this up for you
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    • #3
      Re: Conveyancing Information Question ?

      Hi

      Ct banding is usually something that is on the sales paperwork. Dig that out, check if they state anything about checking it yourself to confirm.

      My question is does any culpability exist here
      If they have stated it incorrectly, on the sales paperwork, and have not included a statement saying it requires confirming or checking first, then i would think so.
      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment


      • #4
        Re: Conveyancing Information Question ?

        They might be considering their position!

        The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) are the Regulations that control descriptions used by estate agents and letting agents. They create criminal offences for traders that breach them. The Regulations prohibit 'misleading actions' and 'misleading omissions' that cause, or are likely to cause, the average consumer to take a transactional decision he would not have taken otherwise.

        Comment


        • #5
          Re: Conveyancing Information Question ?

          Thank you both for the excellent guidance here. I still have to hear from both selling agent and my licenced conveyancer about my complaint and as you say, they are probably considering their position, or much more likely hoping that I will simply go away. That seems to be how things pan out nowadays, simply ignore the matter. Appreciate some further advice as to how I now proceed further on this matter as frankly my anger has escalated due to the simple inertia of the parties that I have approached. Can I pursue this matter myself and how best do I do that considering that my initial letter of complaint has been ignored? How do I best pen any further response and to who? Clearly had they stated that my intended purchase was band E I would have not proceeded and it would have been very much a deal breaker. Thanks in advance! :doggieyes:

          Comment


          • #6
            Re: Conveyancing Information Question ?

            Was your conveyancer recommended by the estate agent?

            Comment


            • #7
              Re: Conveyancing Information Question ?

              Funny enough yes. The selling agents had a full time marketing office in the newish build ( actually now five years old ) block of flats where I bought and the lady representative there, employed by the selling agents, made the recommendation of the licenced conveyancers to me. These licenced conveyancers had obviously been recommended before as I gather they had been involved in some ten of the flats sold to date. Does the recommendation make a difference to the situation? Appreciate your interest!

              Comment


              • #8
                Re: Conveyancing Information Question ?

                possibly!
                The conveyancer works for you, You pay him.
                However the selling agent has probably received a commission payment from the conveyancer for introducing you.

                The conveyancer's enquiries from the vendor also cover council tax.
                You now need to find out if he made the enquiries, or relied on information received from earlier sales?
                Did he make the enquiries off the vendor or agent or council?
                I would suggest you send a Subject Access Request to discover exactly what he has or has not done.
                If he has failed in his duty to you, you claim damages.
                If you discover some one else gave false information, you claim from them

                Comment


                • #9
                  Re: Conveyancing Information Question ?

                  How do I send a Public Access Request in this matter please? I thought that such things were used to request confirmation of personal information held by the organisation. OR does information processed on my behalf, such as council tax banding enquiries, come under the same banner?

                  Comment


                  • #10
                    Re: Conveyancing Information Question ?

                    Searches made on your behalf (ie made by your agent) IMO belong to you anyway.
                    An SAR may just prise the info. out of them more easily.
                    Just ask for all your file and see what is forth coming.

                    [Your full address]
                    [Phone number]
                    [The date]
                    [Name and address of the organisation]
                    Dear Sir or Madam
                    Subject access request
                    [Your full name and address and any other details to help identify you and the information you want.]
                    Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example
                    • The file relating to my purchase of (property address) on XX/XX/XXXX, including copies of all searches

                    If you need any more information from me, or a fee, please let me know as soon as possible.
                    It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
                    Yours faithfully
                    [Signature]

                    Comment


                    • #11
                      Re: Conveyancing Information Question ?

                      Thank you to everyone that responded. The information was truly appreciated and I now intend to write again to both selling agent and my licensed conveyancer to again request a response to my points raised. My original correspondence to both those parties was sent on the 26th June this year and remains unanswered.

                      I note that my licensed conveyancer paperwork states that they are 'Regulated by the Council for Licensed Conveyancers'. Would they be a port of contact to pursue the matter should the licensed conveyancer still fail to respond?

                      Comment


                      • #12
                        Re: Conveyancing Information Question ?

                        CLC is not the organisation to complain to.
                        A complaint about a CLC regulated member should be made to the Legal Ombudsman
                        http://www.conveyancer.org.uk/CLCSit..._procedure.pdf

                        Comment


                        • #13
                          Re: Conveyancing Information Question ?

                          Well I'm some two months on since putting my complaint in writing with no progress to date. The situation can be confirmed as follows :

                          Letter of complaint sent to the selling/marketing agent on the 26th June 2015 to which I received no response. I sent a further letter again defining the complaint and enclosing a copy of my letter dated 26th June. This was sent recorded delivery and signed delivery was confirmed. On the 6th August I received an email and voicemail from the selling/marketing agent stating that they had received my second letter and that my original letter was 'not being ignored' and in fact was receiving their full attention. I find this difficult to believe as we are now some two months on and no defining comments to date. Can they really continue to 'consider their position' at this time in the hope that they will only provide a realistic response if 'their back is against the wall' in any further pursuance? And are they simply hoping that 'I will simply fade away'? I should comment that the selling/marketing agent concerned is one of the 'worlds largest estate agents' and has offices in the UK and abroad.

                          As for the licenced conveyancers, letters were sent to them on the same dates as above and I have yet to receive any acknowledgment whatsoever. I mentioned in my second letter that I may refer the matter to the Financial Ombudsman should they fail to respond. I have yet to receive any acknowledgment whatsoever. Frankly that smacks of contempt and their complete lack of responsibility as 'professional advisers'. AS before, are they simply 'considering their position' in the hope that I will fade away?

                          I would appreciate comment as to how I should not proceed with this complaint. Am I able to purse the matter to both parties without instructing 'paid for' legal intervention? Would a formal complaint about my licenced conveyancer become more effective if now addressed to the Legal Ombudsman? Does the high profile selling agent have a body of authority to whom I can pursue the matter further? Are there any implications in my complaint if the licenced conveyancer was recommended by the selling agent, as they were?

                          Quite frankly, and while I have been a client of both parties, I do feel that this is very much a case of 'underdog versus big companies' that give every indication of total contempt towards those that rightfully question their actions. I am sure that this is not an isolated experience but does suggest that the customer is not always right and merely a pawn in their dealings.

                          All comments appreciated with thanks .....
                          Last edited by Snoopy1948; 24th August 2015, 13:02:PM. Reason: Addition of a point.

                          Comment


                          • #14
                            Re: Conveyancing Information Question ?

                            Just wondered what is policy on naming the institutions involved in my complaint on this platform or is it best to not do so?

                            Comment


                            • #15
                              Re: Conveyancing Information Question ?

                              Did you send the SAR? If so they have 40 days in which to respond.

                              If you did not:
                              Regarding the selling agent I would be contemplating a letter of complaint to their CEO, detailing your complaint and lack of meaningful response. I would also make reference to their breach of The Consumer Protection from Unfair Trading Regulations 2008, and ask how much commission they receive from the conveyancer for the introduction.
                              Regarding the conveyancer, you could now make complaint to the Legal Ombudsman Service as it is now over 8 weeks since first complaining and they have not responded to you.

                              You don't need to employ solicitors, even if you eventually decide on court action! (but hope it wouldn't come to that)

                              What are you aiming for, other than an apology!

                              No reason not to name the parties involved.
                              If they read this forum it might wake them up!

                              Comment

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