Family could lose their Auchinleck home

Dec 26 2008 by Lisa Boyle

Linda Graham and John McMurdo

A FAMILY could be evicted from their dream home because of a £25,000 debt belonging to someone else.

Linda Graham and John McMurdo may even be homeless by Hogmanay because the previous owners of their home failed to pay the massive debt.

The devastated couple also claim that their own solicitor has made a major blunder by failing to pick up on the debt tied to the house they bought in September 2006.

The law firm have now dumped Linda and John via email and a senior partner refused to speak with them because he had a sore throat.

Macintosh and Wylie were employed by Linda and John to handle the purchase of the two bedroomed house in Auchinleck.

But it seems that the firm didn’t discover the huge loan which is secured against the property by its previous owner. After trying to remedy the problem, the Kilmarnock based firm eventually confessed the error to the unsuspecting couple a few weeks ago.

Linda said: “They very much played it down and told us it was nothing for us to worry about.

“They said that in the worst case scenario, it was their fault and that their insurance would cover it.”

But, to the couple’s horror, they received a writ from Ayr Sheriff Court last week saying that bailiffs will be coming to take possession of the house as early as December 31.

Frantic Linda left numerous messages for Iain Sandison at Macintosh and Wylie.

Eventually, the senior partner emailed Linda with the opening line: “I hope you don’t mind but I won’t phone today because I have a cold and my voice is gone.”

Linda was shocked further when she later received an email from Mr Sandison withdrawing his representation, blaming a conflict of interest.

Linda continued: “I don’t understand how they can do this. They are the ones who didn’t deal with this loan. It’s their fault. Meanwhile, we face losing our house. We don’t know what to do or where to go next.

“My daughter is scared to go to school in case she comes home and all our belongings are on the street.

“The firm representing the couple who sold us the house are refusing to accept any blame or take anything to do with this as they never received any payment from the couple and are chasing them for outstanding debt.

“With solicitors blaming each other, we could be evicted and left homeless with a mortgage still to pay. Where does this leave us?”

Linda and John have made a complaint to the Law Society about Macintosh and Wylie. Iain Sandison refused to comment on the matter.