Action against the Bank - Concern over cancellation of purchase contract

HI,

I got an email from Maria earlier today and I got a bit panicked. The email states that for the lawsuit to be successful, the original purchase contract with the developer (in this case, Aifos, who are now in administration) must NOT have been cancelled.

I'm afraid that i think this has been done by my original lawyer whilst taking Aifos to court.

Has anyone any thoughts on this?

Does the fact that Aifos is no longer trading mean that the purchase contract is meaningless anyway?

How do i find out if the purchase contract has been cancelled?

Can't afford to throw £5-6000 on this, if it's pointless :-(

Thanks.

Hi Fazarelli,

I can only assume that she has made an error as you do need to have had your Purchase Contract cancelled and if you read LEGAL TIP 1161, AIFOS and Good for Malaga Court, it dicusses it in there.

Contact Maria. We had our contract cancelled through a Court Judgement but unfortunately the builder is Bankrupt so she is taking us through the Court action against the Bank now. She has produced 2 information booklets one for those who have cancelled their contract and one for those who haven't. She has probably sent you the wrong pack. She will explain if you contact her.

Thanks for the replies, M11 and Belucky.

The info booklet (pdf) definitely says 'NOT cancelled' on the front and a few times inside it.

Perhaps she has sent me the wrong one. Or perhaps my useless previous solicitor didn't get the contract cancelled despite directly telling me he did. Would Maria have that information? Or would I need to supply it?

Fazarelli: Please contact me privately so I can clear your doubts.

Cheers!

Maria