Commercial agent - Fraud? Negligence? Bad practice?

[SWIS]

Hello folks,

I applied for a lease on a retail premises through a well known commercial agent. I was asked to provide names of references.

I was asked for a cheque for £47 administration fees and a cheque for £8 for a bank reference.

Timeline so far...

1. Friday 4 Jan 2008 Had viewing of shop
2. Monday 7 January Confirmed interest via telephone
3. Friday 11 Jan Received forms from agent
4. Wednesday 16 Jan Sent cheques and reference forms back
5. Wednesday 23 Jan Got acknowledgement from agent that all references satisfactory. Cheques cashed

Story moves on to me calling them every week asking for news as I had finance waiting for this particular shop and business plans prepared etc.
Agent is difficult to get hold of and when I do she tells me that the landlord of the property lives abroad and she was having difficulty getting hold of him.

After another couple of weeks I ring again and ask for assurances that I am with a good shout of getting accepted for the lease. I am told at this point that there is another interested party but I would be favoured because the other party was wanting to change its use to A5 hot food take away. I was also informed that there was a problem with some stairs going to the upper floors of the property and these had to be sorted out.

Fobbed off for another 4 weeks with me doing all the calling until a bombshell drops on the doormat saying that solicitors have been instructed on behalf of another party.

Nothing strange so far??

Timeline updated

1. Wednesday 25 January 2008 - Cheques cashed by Agent.
2. Wednesday 25 January2008 to Friday 7 March, Fobbed off with multiple excuses about different problems delaying things.
3. Tuesday 11 March - Got letter informing me that I was unsuccessful.

Yeah a bit annoying but expected?

Read on...

Went online today to make a planning application to run a business in a new build unit. I noticed a planning archive section. Out of curiosity I typed in the address of the unit I had been disappointed on...



It turns out that a planning application had been submitted to the council in November 2007 to change the shops use. A representitive from the agent signed the planning application form on 2 Jan 2008 to give consent on behalf of the property owner to change its use.

Remember my cheques had been cashed on the 25 January by the agent?

I was then given excuse after excuse why I had not yet been oficially accepted to have the lease on the shop.

Remember I got a letter on 11 March saying I was unsuccessful?

The planning decision was made in favour of the proposed change on the 10 March

Coincidence? you be the judge...

Now, £47 quid is not the issue here. I had been promised that I would be accepted ahead of the other party that was only declared when I asked the direct question of wether there were any other interested parties involved.

So I racked up costs preparing business plans, days off work to go and measure up this premises and phone calls etc to the agent.

Reclaiming my costs are not the main motive here. I am so angry that I was kept waiting all that time by the agent when they knew that another party had submitted a planning application to the City council. Then they took my money and as soon as the decision was granted told me that I could not have the lease.

Is this legal?

Have they committed an offence?

Have they defrauded me and god knows how many more people out of money this way?

The TO LET sign is still up on the shop. Wonder if they would accept another 47 quid from some foolish mug?

I am not going to let them get away with this.

Advice/next step anyone?

Thanks for reading this and I hope you feel as angry about this as me.

Regards