Outstanding charges

[physicskate]

Hi! So I'm 36 +2 weeks pregnant.

We put our house up for sale and accepted an offer when I was about 12 weeks (end of sept). We then offered on our dream property and that was accepted a couple weeks later. We were quickly gazumped.

Then we offered on another place that we both really like, ticks as many boxes as we're going to tick, but is not 'the one'. Offer accepted end of October.

Everything is now done for our sale and purchase as we are just waiting on exchange and completion dates. We are the first house in the chain.

The sellers of the house we're buying then proceeded with a house purchase in mid-December (over six weeks from when they accepted our offer).

That purchase is now waiting on the issue of 'outstanding charges'. I take it to mean there was a ccg against the seller of that house and they need permission from the creditor to sell. I could be wrong.

They've had three/four months to know this was an issue. Am I right in thinking that if it hasn't been resolved by now that it won't be?? Am I right in thinking there is the very real possibility this is all going to fall apart?

I'm really pissed, if I'm honest. I'm almost full term. I really don't want to move with a newborn and a toddler. My house is in boxes (as I move so slowly and we've been told we'd be moving at any time in the last 6 weeks). This was all meant to be sorted ages ago. Our buyer has been crazy patient.

Any advise?? Sorry this is so long-winded!

I'm right to be thinking either a) I won't be moving before baby's born and or b) the whole thing's going to fall through.

Are you confusing a CCJ maybe? Sorry if I’ve misunderstood but I can only think of Clinical Commissioning Group for CCG.

Thread here about outstanding charges.
forums.moneysavingexpert.com/discussion/6071218/outstanding-charge-on-plot

Mortgage companies may have charges on a property or there may have been other secured loans or shared equity ie, divorce settlement.

Sorry yes - autocorrect ccj NOT ccg!! (I post a lot on the infertility boards! Doh!).

I've read that thread, so thank you for that! if this is all so standard why is it holding up the sale of the house ahead of us (the top house in the chain)? They've been waiting a few weeks or months? for whatever the issue with these charges to be resolved. That doesn't seem to fit 'normal' to me!

I know it's the (late) pregnancy talking, but it's making me incredibly anxious not knowing what's going on and when things are going to happen - which I know no one here can help with!!!

I wonder if they’re in negative equity or can’t get a settlement figure.

In which case the deal will likely fall through. I just wish they'd come out and say it!!

Just ask for specifics?

Ask the agent to make some calls - they have an interest in your sale/purchase and part of their job is to chivy it along. Plus your solicitor. Either of these parties will know far more about what is going on.
There was a last minute hitch in one chain I was in - something to do with rights of access. It seemed inconceivable that it took so long to sort but behind the scenes they were working hard to get it done and it did come together in the end.
Very stressful for you - when will they change the terrible system in this country?

Awesome. Last update is that they have to deal with all the creditors at once and there isn't enough equity to cover the charges. They're negotiating, but the creditors are in no hurry to do so as they see it as an advantage to drag it out...

So here we are, 5 months in with bugger all to show for it. The stamp duty holiday's about to run out (we wouldn't have the time to start over with a new property) and I'm 37 weeks pregnant tomorrow and have started having shows. Our house is all packed up and all sides have been pressing for dates for several months.

I see our options as: sit tight until it all officially falls apart or pull out and take the financial hit that comes with that.

Surely this shouldn't be legal??? Does anyone else see any other options I haven't thought of? Do we have any legal recourse because the seller was never in a position to sell and has wasted months of time when we could have had stamp duty holiday or found another property before I a)give birth and b) start on mat leave and so wouldn't get the same mortgage offer??

This isn't our fault and yet we suffer all the consequences!!

I’m sorry to hear that OP. If it’s not the house your purchasing would your vendors consider breaking the chain and moving into rented?

It’s perfectly legal unfortunately that’s how it is in the UK - anything can happen until exchange.

That's actually a really good idea @DinoHat! We were basically considering doing that (continuing with sale of our house and moving to rental or in-laws).

Not sure they'd go for it as they were motivated to sell by stamp duty holiday, which would be over before they could buy somewhere else... but I will mention it!!

I will also be writing some strongly worded letters to MPs, because this has cost me, our buyer and the people we are buying off money and time. I'm pissed that these people are trying to sell a house that they can't sell and that they hid these outstanding charges until everyone was ready to exchange contracts. Ridiculous situation!

Surely this is some sort of negligence on their solicitor's part??

Add to that the whole 'I'm super pregnant' thing, it just makes it morally and ethically repugnant.

Their solicitor can only divulge what their client allows. Presumably the vendor didn’t tell the agent or asked that the info wasn’t relayed.

But surely that's misleading potentially fraud?

No - they aren’t obliged to report their financial status to you.

If their solicitor allowed the sale to proceed whilst they were in negative equity that would be negligent. But at the moment the only thing suffered is inconvenience. There is no contract prior to exchange.

Ok: update - solicitors have said the charges are now a non-issue because they are only in one of the vendor's name. So he is responsible for sorting them but the sale can proceed.

So the two transactions ahead of us are pushing for exchange and completion April 1st as there isn't enough time to move the money by this Friday and it would give everyone the long weekend to move in...

April 1st is the day after my due date. We tend to run late and have long labours in my family (dd born 40+5 after 3.5 day labour). Also I think my dates are a bit wrong and I'm due more like April 3/4 (given the maths on the only time I had sex the cycle we conceived).

I don't want to move with a newborn. I had a tough recovery with dd (obviously every birth is different). Do we just go for it and I cross my legs in the meantime??? Ahh what would you do?!

It's tough but I would go for it, but only if you're absolutely confident the issue is resolved, it's ire to trust when you've been deceived before Things are so uncertain, if I wanted the property and the chain is ready I think you'll have to go ahead. We ended up moving recently at an extremely difficult time but in the end we had to go with the chain. It was awful and I won't lie it really affected how I felt about the move, the house, others in the chain and took a few weeks to get over the distress, luv it was worth it (just) to get over the edge and into our home

@physicskate go for it, it's not ideal but it's short term pain for long term gain. I'd just get it done.

Can you rope in family to help move you? It is a ball ache but at least you have a date!