Hello.
Lots of views but no ones really helped. The solicitor now has come back & said the original guy didn't give me the option back then & basically tough luck you've got to pay it now. Anyone know for sure if it was an option then or not. Even HMRC couldn't tell me! I will write them a letter but anyone in the know I'd appreciate the help?
I'd guess from A Goodman's reply that this should have been an option.
But your current solicitor is correct in that you cannot go back and change it.
You might have a claim against your previous solicitor (I have no idea on time limits) if they didn't give you the option. TBH though, I suspect trying to sue them after all this time is a very high risk strategy (unless you have proof they made a mistake - e.g. a letter from them saying that the other option wasn't available when it was)
But this is a taxation advice site rather than a legal advice site which is probably why nobody is replying.