Has anyone any joy on this?
I bought from Fingal in 2002, I was early 20s single and went to their offices to draw down the loan. I was naive and had no legal counsel nor was I advised I should engage some. The council did not provide me with a copy of the contract at the time nor in the post after, I did receive a schedule from them with a calculation for the clawback which they say is not the correct calculation, the difference between them is about €40,000.
Now, I am married with a child and we want to have another kid soon, the house is a 2 bed townhouse 740 sq feet and is too small for the 3 of us.
I asked the council if:
A) I could sell back to them they said NO
B) If I could swap for a three bed they have and pay them the difference, they said NO
C) If my wife could get a mortgage with them, they said NO as she does not count as a first time buyer because she is married to me
D) If we could sign an addendum on the contract, to change my address to the new house and using the original sale, original market value and the price I sell the current house for and keep the same 20 year period as my current house is no longer fit for purpose.
They have said No to every suggestion and all they have come up with was I could rent my current house but if I do that we cannot get a mortgage as I have to sell my current house.
It seems I am trapped every which way by these jobsworths, they have even had the neck to tell me that I cannot deduct the money I spent improving the property as a result of ingress of water due to the poor construction job that one of their surveyors signed off on.
I have obtained a copy of my file under the terms of the data protection act and there is no copy anywhere of a letter to me or showing a copy of the contact issued to me. On this file there is also a letter to their solicitor with the same wording for the clawback that they issued to me.
In light of this they have left me nowhere to go, they want to enforce the clawback on the original contract even though in my view issuing a schedule after the contract was signed with a different calculation should replace the previous one. They then are trying to tell me that I cannot deduct the structural improvements I have made even though the contract states that I can claim for this but not decorating.
I am sending the copy of the file to my solicitor as I have no other options, before anyone says it I have no issue paying a clawback but the Council have adopted a computer says no attitude and want to squeeze every cent out of me even though this conflicts with their own contract.
I have also requested a copy of their Professional Indemnity and Directors & Officers policies (these cover financial loss out of misleading advice or acts), I have also asked for a copy of the builders insurance and their surveyors insurance.
Have I missed anything or has anyone else encountered these issues?
By the way none of my neighbours had legal counsel signing the contract nor did they receive a copy of their contracts.
I bought from Fingal in 2002, I was early 20s single and went to their offices to draw down the loan. I was naive and had no legal counsel nor was I advised I should engage some. The council did not provide me with a copy of the contract at the time nor in the post after, I did receive a schedule from them with a calculation for the clawback which they say is not the correct calculation, the difference between them is about €40,000.
Now, I am married with a child and we want to have another kid soon, the house is a 2 bed townhouse 740 sq feet and is too small for the 3 of us.
I asked the council if:
A) I could sell back to them they said NO
B) If I could swap for a three bed they have and pay them the difference, they said NO
C) If my wife could get a mortgage with them, they said NO as she does not count as a first time buyer because she is married to me
D) If we could sign an addendum on the contract, to change my address to the new house and using the original sale, original market value and the price I sell the current house for and keep the same 20 year period as my current house is no longer fit for purpose.
They have said No to every suggestion and all they have come up with was I could rent my current house but if I do that we cannot get a mortgage as I have to sell my current house.
It seems I am trapped every which way by these jobsworths, they have even had the neck to tell me that I cannot deduct the money I spent improving the property as a result of ingress of water due to the poor construction job that one of their surveyors signed off on.
I have obtained a copy of my file under the terms of the data protection act and there is no copy anywhere of a letter to me or showing a copy of the contact issued to me. On this file there is also a letter to their solicitor with the same wording for the clawback that they issued to me.
In light of this they have left me nowhere to go, they want to enforce the clawback on the original contract even though in my view issuing a schedule after the contract was signed with a different calculation should replace the previous one. They then are trying to tell me that I cannot deduct the structural improvements I have made even though the contract states that I can claim for this but not decorating.
I am sending the copy of the file to my solicitor as I have no other options, before anyone says it I have no issue paying a clawback but the Council have adopted a computer says no attitude and want to squeeze every cent out of me even though this conflicts with their own contract.
I have also requested a copy of their Professional Indemnity and Directors & Officers policies (these cover financial loss out of misleading advice or acts), I have also asked for a copy of the builders insurance and their surveyors insurance.
Have I missed anything or has anyone else encountered these issues?
By the way none of my neighbours had legal counsel signing the contract nor did they receive a copy of their contracts.