so in November 2011 I sold a flat. there was money outstanding (£3k) owed to the freeholder (council) relating to repair work that I was contesting liability for. in the interests of getting the sale through I accepted that the monies would be paid and my solicitor retained an amount to be paid when the money was requested. this was always just implied and never formed part of the contract of sale. the buyer of the flat was sent an invoice by the freeholder but didn't pass that on to me. the council aren't chasing the amount and therefore this money is sitting in limbo in my solicitor's account... and he's shrugging his shoulders.
I want it back as 1. it was over 2 years ago 2. I don't think I was liable for the costs (a retaining wall in a communal garden fell down)
Does anyone know whether I am within my rights to have this money due to the passage of time? How long do I have to wait before I can say 'I never had an invoice, I don't have to pay you'?
The difficulty is if we chase it with the council/ buyer they'll just send the invoice.