Will I move on Friday?

Crystal chandeliers, etc.

Move

Yes
9
75%
No
3
25%
 
Total votes : 12

Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 12:58 pm

We exchanged on 11th August with completion/move date agreed as 1st September. The solicitors have been worse than shit. Really unacceptably shit. I've had to chase them every single step of the way to get it moving otherwise genuinely nothing would have happened. Other solicitors in the chain have been equally shit. Seriously you have one fcuking job, how can you be so inept at it?

Anyway, I called my mortgage lender this morning just to check it's all OK only to find a) they're missing a vital bit of paperwork from the solicitor and, b) they hadn't been told about the completion date. I've called and ripped into my solicitor who says he'll sort it now but I'm not confident in the slightest.

So, will I move on Friday?

Supplementary question, any experience in getting compensation for consequential losses? If it's delayed our moving firm will charge us. I'd imagine other parties in the chain will be the same. If it's the solicitors at fault how do I go about getting my money back from them?
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Strawman @ Tue Aug 29, 2017 1:02 pm

They are probably members of some professional body, e.g the Law society, that will handle disputes and members will have to abide by their rules for conduct.

ETA

http://solicitors.lawsociety.org.uk/
Last edited by Strawman on Tue Aug 29, 2017 1:02 pm, edited 1 time in total.
User avatar
Strawman
 
Posts: 39562
Joined: Mon Oct 22, 2007 7:50 pm
Location: insignificant next to the power of the force

Re: Will I move on Friday?

Post by desertweasel @ Tue Aug 29, 2017 1:11 pm

I've never managed yet to move in less than 3 months, I know it can be done but every time it stretches to at least 3 months. With a chain the likelihood of it actually happening on time seems to go from zero downwards.
desertweasel
 
Posts: 677
Joined: Wed Apr 30, 2008 2:11 pm
Location: Portugal

Re: Will I move on Friday?

Post by Il Duce @ Tue Aug 29, 2017 1:14 pm

thekungfury wrote: If it's the solicitors at fault how do I go about getting my money back from them?


I think you'd have to pay other solicitors to take them on.
And they will magically find a clause that means the baddies get away with it.
So you won't get your money back and you'll have to pay more money to solicitors.

Best just go and push a turd through their letterbox.
Il Duce
Italian Person
Italian Person
 
Posts: 12684
Joined: Fri Feb 29, 2008 10:08 am
Location: Audi can fvck off

Re: Will I move on Friday?

Post by Rod Rammage @ Tue Aug 29, 2017 1:20 pm

Chill your beans kungers, it'll be fine!
User avatar
Rod Rammage
 
Posts: 26396
Joined: Fri Feb 29, 2008 10:05 am

Re: Will I move on Friday?

Post by CJ+ @ Tue Aug 29, 2017 1:24 pm

Voted yes.

Thinking warm thoughts towards you teeks, because I'm the early stages (i.e. I haven't sold this fcuker yet) of moving also. So, karma.
User avatar
CJ+
 
Posts: 16100
Joined: Fri Feb 29, 2008 9:39 pm
Location: Lave Orbital Station
Highscores: 1

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 1:27 pm

Il Duce wrote:
thekungfury wrote: If it's the solicitors at fault how do I go about getting my money back from them?


I think you'd have to pay other solicitors to take them on.
And they will magically find a clause that means the baddies get away with it.
So you won't get your money back and you'll have to pay more money to solicitors.

Best just go and push a turd through their letterbox.

I was looking through their T&Cs earlier and they do have a clause saying they're not liable for consequential losses. But if they've been demonstrably negligent surely there can be some recourse?
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 1:28 pm

CJ+ wrote:Voted yes.

Thinking warm thoughts towards you teeks, because I'm the early stages (i.e. I haven't sold this fcuker yet) of moving also. So, karma.
Rod Rammage wrote:Chill your beans kungers, it'll be fine!

Thanks dudes. Fingers crossed for you too ceej
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Il Duce @ Tue Aug 29, 2017 1:49 pm

thekungfury wrote:
Il Duce wrote:
thekungfury wrote: If it's the solicitors at fault how do I go about getting my money back from them?


I think you'd have to pay other solicitors to take them on.
And they will magically find a clause that means the baddies get away with it.
So you won't get your money back and you'll have to pay more money to solicitors.

Best just go and push a turd through their letterbox.

I was looking through their T&Cs earlier and they do have a clause saying they're not liable for consequential losses. But if they've been demonstrably negligent surely there can be some recourse?


See my previous post but you've been brainwashed into thinking solicitors are decent human beings.
Let me try and explain it in laymans terms:
It would be like paying some pikeys to get your money back from some other pikeys for a caravan that the wheels fell off on the first day.
Il Duce
Italian Person
Italian Person
 
Posts: 12684
Joined: Fri Feb 29, 2008 10:08 am
Location: Audi can fvck off

Re: Will I move on Friday?

Post by Deuteronomy @ Tue Aug 29, 2017 1:57 pm

Teeks, I have a good feeling about this, you'll be fine come Friday.
User avatar
Deuteronomy
 
Posts: 17019
Joined: Thu Sep 04, 2008 4:57 pm

Re: Will I move on Friday?

Post by Rod Rammage @ Tue Aug 29, 2017 2:08 pm

Deuteronomy wrote:Teeks, I have a good feeling about this, you'll be fine come Friday.


Precisely.

The solicitor is no doubt mortified to have made a mistake and will move heaven and earth to make sure it happens on time.

I am supremely confident.
User avatar
Rod Rammage
 
Posts: 26396
Joined: Fri Feb 29, 2008 10:05 am

Re: Will I move on Friday?

Post by Clown Ice Skater #4 @ Tue Aug 29, 2017 2:10 pm

Fingers crossed for you, kungers!

#sendingpostivethoughts #happyhome #feelingblessed #hopeful
User avatar
Clown Ice Skater #4
 
Posts: 2994
Joined: Sun Jun 29, 2014 11:40 am
Location: Melos Station

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 2:19 pm

Il Duce wrote:you've been brainwashed into thinking solicitors are decent human beings

Trust me, I really haven't.

I'm not asking what they should do. I'm asking what legal grounds I might have for a claim. You don't know the answer, that's fine.
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by CJ+ @ Tue Aug 29, 2017 2:22 pm

Clown Ice Skater #4 wrote:Fingers crossed for you, kungers!

#sendingpostivethoughts #happyhome #feelingblessed #hopeful

Jesus Christ.
User avatar
CJ+
 
Posts: 16100
Joined: Fri Feb 29, 2008 9:39 pm
Location: Lave Orbital Station
Highscores: 1

Re: Will I move on Friday?

Post by span @ Tue Aug 29, 2017 2:29 pm

Clown Ice Skater #4 wrote:#sendingpostivethoughts #happyhome #feelingblessed #hopeful

Laugh

I too hope you have a #Blessed day on Friday, Teeks! Though what a lot of unnecessary stress and hassle, they sound totally useless and I'm sorry you've got all this uncertainty.
User avatar
span
 
Posts: 6896
Joined: Mon Jun 29, 2009 9:14 pm

Re: Will I move on Friday?

Post by Greg66 @ Tue Aug 29, 2017 2:38 pm

thekungfury wrote:
Il Duce wrote:you've been brainwashed into thinking solicitors are decent human beings

Trust me, I really haven't.

I'm not asking what they should do. I'm asking what legal grounds I might have for a claim. You don't know the answer, that's fine.


Probably none. You've got a contract with him. He agreed he'd provide his services with reasonable care and skill. If you want to claim, you'd have to show that he'd acted below that standard (which means he'd done something that a reasonably careful/skilful solicitor would not have done, or failed to do something such a solicitor would have done). That's not quite as easy as you might assume. Then you'd have to show that that act or omission on his part was the reason for completion being deferred (which would be the cause of your loss). And not some other monkey solicitor elsewhere in the chain doing something which would have had the same effect even if your fella had done/not down what he was supposed to.

And even if you prove that lot, he turns round and says "haha! You signed a contract in which you agreed not to hold be liable for those losses. So joke's on you!".

I don't know whether you'd be able to argue that this was an unfair contract term, such that the solicitor could only rely on it if it were reasonable. But I'd guess that a court might well take the view that as conveyancing is low value low reward work, it's entirely reasonable for a solicitor to exclude liability for a claim which would probably fall within the excess on his PII cover. Otherwise, the risk for solicitors is that they will end up doing the work for nothing (at best) or at cost to themselves (at worst), and if so they'll simply stop doing it altogether.

ETA: moving house is one of life's "expect the worst and be pleasantly surprised with anything better than that, in my limited experience".
Last edited by Greg66 on Tue Aug 29, 2017 2:39 pm, edited 1 time in total.
User avatar
Greg66
 
Posts: 3080
Joined: Tue Jun 02, 2015 11:03 pm

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 3:05 pm

Greg66 wrote:You've got a contract with him. He agreed he'd provide his services with reasonable care and skill. If you want to claim, you'd have to show that he'd acted below that standard (which means he'd done something that a reasonably careful/skilful solicitor would not have done, or failed to do something such a solicitor would have done). That's not quite as easy as you might assume. Then you'd have to show that that act or omission on his part was the reason for completion being deferred (which would be the cause of your loss).

In this specific case he hasn't sent the mortgage company the certificate of title or communicated them the completion date. Both can be proven and given we've known about the completion date for 3wks a reasonably competent solicitor might have done it by now.

I completely expect it to be difficult to beat them but then I completely expect them to fcuk it up. Annoying
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Greg66 @ Tue Aug 29, 2017 3:34 pm

thekungfury wrote:
Greg66 wrote:You've got a contract with him. He agreed he'd provide his services with reasonable care and skill. If you want to claim, you'd have to show that he'd acted below that standard (which means he'd done something that a reasonably careful/skilful solicitor would not have done, or failed to do something such a solicitor would have done). That's not quite as easy as you might assume. Then you'd have to show that that act or omission on his part was the reason for completion being deferred (which would be the cause of your loss).

In this specific case he hasn't sent the mortgage company the certificate of title or communicated them the completion date. Both can be proven and given we've known about the completion date for 3wks a reasonably competent solicitor might have done it by now.

I completely expect it to be difficult to beat them but then I completely expect them to fcuk it up. Annoying


I know next to fcuk all about the intricacies of conveyancing, but isn't the real question has your solicitor's failure to do those things jeopardised the completion date? Forex, how much notice does the mortgage co need in order to get the completion monies ready for release? 7 days? 1 day? 1 hour? Ditto for how long does it need to have the title cert before it can release the completion monies?

And is everyone else ready to complete, or is someone else jeopardising a Friday completion?

I have no idea of the answers, but those are the sorts of questions you'd need to address if you don't complete on Friday. And then you've still got the "no consequential loss" roadblock.
User avatar
Greg66
 
Posts: 3080
Joined: Tue Jun 02, 2015 11:03 pm

Re: Will I move on Friday?

Post by Il Duce @ Tue Aug 29, 2017 3:42 pm

thekungfury wrote:
Il Duce wrote:you've been brainwashed into thinking solicitors are decent human beings

Trust me, I really haven't.

I'm not asking what they should do. I'm asking what legal grounds I might have for a claim. You don't know the answer, that's fine.


I know the answer. You can't understand what I'm saying you racist. I'm waving my hands the best I can!

You signed a contract prepared by the person who could get shafted by that contract.
Do you think that he would have put something in there that would allow him to be shafted?

Do you also believe that Rod wouldn't touch your wife's bits and pieces if she passed out in front of him in the street?
Il Duce
Italian Person
Italian Person
 
Posts: 12684
Joined: Fri Feb 29, 2008 10:08 am
Location: Audi can fvck off

Re: Will I move on Friday?

Post by Rod Rammage @ Tue Aug 29, 2017 3:44 pm

Il Duce wrote:
Do you also believe that Rod wouldn't touch your wife's bits and pieces if she passed out in front of him in the street?



There's a girl I fancy something fierce and she sometimes faints for no reason.

"Oh dear, and how long are you usually out for?"

"Uh huh. Terrible. And you are COMPLETELY unconscious?"

"How awful for you."
User avatar
Rod Rammage
 
Posts: 26396
Joined: Fri Feb 29, 2008 10:05 am

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 4:25 pm

Greg66 wrote:I know next to fcuk all about the intricacies of conveyancing, but isn't the real question has your solicitor's failure to do those things jeopardised the completion date? Forex, how much notice does the mortgage co need in order to get the completion monies ready for release? 7 days? 1 day? 1 hour? Ditto for how long does it need to have the title cert before it can release the completion monies?

And is everyone else ready to complete, or is someone else jeopardising a Friday completion?

I have no idea of the answers, but those are the sorts of questions you'd need to address if you don't complete on Friday. And then you've still got the "no consequential loss" roadblock.

It's less about the specifics of the title cert I found about today. It's about the unknowns at this point. The only thing I know for certain is they're inept. I am trying to get them ready to go but there are bits I either can't control or don't even know about to control.

I fear the no consequential loss clause is the rock that will blunt my scissors.
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Clown Ice Skater #4 @ Tue Aug 29, 2017 5:10 pm

CJ+ wrote:
Clown Ice Skater #4 wrote:Fingers crossed for you, kungers!

#sendingpostivethoughts #happyhome #feelingblessed #hopeful

Jesus Christ.


Ceej, you do know that was a joke, right?
User avatar
Clown Ice Skater #4
 
Posts: 2994
Joined: Sun Jun 29, 2014 11:40 am
Location: Melos Station

Re: Will I move on Friday?

Post by Rod Rammage @ Tue Aug 29, 2017 5:28 pm

Sure clown, sure.
User avatar
Rod Rammage
 
Posts: 26396
Joined: Fri Feb 29, 2008 10:05 am

Re: Will I move on Friday?

Post by CJ+ @ Tue Aug 29, 2017 6:13 pm

thekungfury wrote:
Greg66 wrote:I know next to fcuk all about the intricacies of conveyancing, but isn't the real question has your solicitor's failure to do those things jeopardised the completion date? Forex, how much notice does the mortgage co need in order to get the completion monies ready for release? 7 days? 1 day? 1 hour? Ditto for how long does it need to have the title cert before it can release the completion monies?

And is everyone else ready to complete, or is someone else jeopardising a Friday completion?

I have no idea of the answers, but those are the sorts of questions you'd need to address if you don't complete on Friday. And then you've still got the "no consequential loss" roadblock.

It's less about the specifics of the title cert I found about today. It's about the unknowns at this point. The only thing I know for certain is they're inept. I am trying to get them ready to go but there are bits I either can't control or don't even know about to control.

I fear the no consequential loss clause is the rock that will blunt my scissors.

I know that at work every time we bid a job, getting rid of the "indirect and consequential loss" clause from the contract is our commercial manager's job #1.
User avatar
CJ+
 
Posts: 16100
Joined: Fri Feb 29, 2008 9:39 pm
Location: Lave Orbital Station
Highscores: 1

Re: Will I move on Friday?

Post by thekungfury @ Tue Aug 29, 2017 7:15 pm

I know that we insist on it and won't do business without it. One tiny error shouldn't mean we're liable for some global Ford recall. If you lose money because I fcuked up, sucks to be you. I fully appreciate the hypocrisy.
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Turntable @ Wed Aug 30, 2017 12:42 pm

Teeks, the only thing I know is that you should be correct about the negligent bit.
Once in court a Judge looked at me with really OTT outrage and said in the most ridiculously contemptuous voice "You cannot contract out of negligence. Did you [I]really[I/] think that was possible?"
In my case I quickly corrected her that I wasn't trying to and she backed the fcuk down but not without a lot of tutting and head-shaking as though, even though she was clearly wrong, it was somehow my fault.
User avatar
Turntable
 
Posts: 31507
Joined: Mon Oct 22, 2007 7:47 pm
Highscores: 7

Re: Will I move on Friday?

Post by Deuteronomy @ Wed Aug 30, 2017 12:46 pm

What's the latest Teeks?
User avatar
Deuteronomy
 
Posts: 17019
Joined: Thu Sep 04, 2008 4:57 pm

Re: Will I move on Friday?

Post by thekungfury @ Wed Aug 30, 2017 1:00 pm

Turntable wrote:Teeks, the only thing I know is that you should be correct about the negligent bit.
Once in court a Judge looked at me with really OTT outrage and said in the most ridiculously contemptuous voice "You cannot contract out of negligence. Did you really think that was possible?"
In my case I quickly corrected her that I wasn't trying to and she backed the fcuk down but not without a lot of tutting and head-shaking as though, even though she was clearly wrong, it was somehow my fault.

That's also my thinking.

There was a case in our industry where a competitor of ours was supplying a flame retardant material and without telling the customer they changed it to a non-FR material. The customer was making breathing apparatus for firemen and when they found out they took them to court. The defence was essentially "Yeah we screwed up but you signed our T&Cs so we can't be liable." They lost the case and were fined a big number, something like 1-2m from memory.

Deuteronomy wrote:What's the latest Teeks?

Building Soc confirms funds are being released today so that's sorted. It's the bits I don't know about that worry me.
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Re: Will I move on Friday?

Post by Greg66 @ Wed Aug 30, 2017 1:25 pm

thekungfury wrote:Building Soc confirms funds are being released today so that's sorted. It's the bits I don't know about that worry me.


Sigh. Told you. Worrypants.
User avatar
Greg66
 
Posts: 3080
Joined: Tue Jun 02, 2015 11:03 pm

Re: Will I move on Friday?

Post by thekungfury @ Wed Aug 30, 2017 1:32 pm

Greg66 wrote:
thekungfury wrote:Building Soc confirms funds are being released today so that's sorted. It's the bits I don't know about that worry me.


Sigh. Told you. Worrypants.

You didn't tell me shit. You were just protecting your own.
User avatar
thekungfury
 
Posts: 35081
Joined: Thu Mar 13, 2008 1:27 pm
Highscores: 1

Next

Return to Houses and Blouses

Who is online

Users browsing this forum: No registered users and 1 guest

yt
  Enable youtube titles