Avoid
I am remortgaging from a dual mortgage to a single-named mortgage as part of my divorce. In the remortgage total, are additional monies for my soon-to-be ex-wife, a "buy out". The divorce is amicable, and we are on good terms. A straightforward and common transaction, you will agree.
Stated all over various gov.uk web pages regarding SDLT is the confirmation that if you are remortgaging as part of separation or divorce and you have legal paperwork detailing this - a separation agreement or Court order- under no circumstances do you pay stamp duty. When my solicitor asked me to complete the Stamp Expert questionnaire so that my Stamp Duty amount could be confirmed, and pay £30 for the privilege, I refused. Why should I? I asked myself, this can't be any more straightforward. HMRC clearly state so. My solicitor insisted, and on reflection, for peace of mind and for this to go away, I paid the £30. That was a huge mistake! Stamp Expert's questions were written in the third person, and asked me about what they...? Have they...? This made little sense as the questions were about me. Halfway through the questions, it became clear that these were generic and not relevant to my straightforward situation. I submitted anyway. What came back was a shock. They stated that I owe £0 or £22k or anything in between; I knew very well how much I need to pay: £0. I called HMRC and spoke with a lovely lady on the HMRC SDLT helpline. She confirmed that £0 is what I owe and there was no need to advise them of my remortgage. This aligned fully with what I had read prior. Stamp Expert provided me with three reasons why this range was so high. There is a clearer & obvious fourth, which I will explain shortly. 1. A review needs to take place regarding other property I own. 2. Changing legal owners is complex depending on the circumstances. 3. I may not have to pay £0, but we aren't sure. So, a review is needed. In summary, in their opinion, a review needs to take place. 4. How do you obtain a review you may ask? Well, Stamp Expert have a chosen list of accountants you can speak to, and they all charge £464 for the review. You are then shown a list of companies. I mean, come on! This is a similar experience to the other one-star review on here. This clearly a scam and an upsell. An upsell, to tell me what I already know and what HMRC have already told me. It doesn't stop there. In their advice to your solicitor, they state that your case must be reviewed by a property tax specialist to determine the applicable rate. You use theirs or source your own. Or, if you don't want to do that, you must accept the £22k stamp duty liability, and if your solicitor ensures this advice is adhered to, they will insist you sign to say you are accountable for this. 1. I don't own any other property 2. My circumstances are straight forward 3. Had Stamp Expert asked me questions about this, instead of generic, non relevant questions they'd know my Stamp would be £0.
Stamp Expert's questions are poorly communicated. They are generic and not tailored to you or your needs. The reasoning behind their output is that they haven't asked the right questions to determine your amount. One could conclude that they do this so they can upsell you to pay for a £464 review. The damaging outcome is that your solicitor may choose to insist on this.
My advice: If you can avoid using Stamp Expert, and if asked, suggest your solicitor use someone else and vet them before you engage with them. Don't trust that this will be fine. In my case, it wasn't. If you are a solicitor and use this company, there is a possibility your integrity and reputation will be damaged.

Reply from Stamp.Expert







