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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Estate Agent claiming full fee due despite early cancellation


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I recently entered a contract with an estate agent called Remax signing on the 21st of March 2018 due to the failure to get one visit booked within the first week whereby there was 350 online views and a failed attempt to cooperate with another estate agent to work together in selling the property.

 

I didn’t hear from the agent in a week and he didn’t respond to a message I sent him asking for an update. Hence, I decided to cancel and go with another agent.

 

This is the wording from the contract:

 

If you are a consumer client and this contract was not agreed within our premises you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day this contract was agreed.

 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to: RE/MAX Right Step, 1b Hall Lane, London, E4 8HH or emailing us.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

If you choose to cancel the agency agreement, you will be required to pay for the services supplied prior to cancelation, such as For Sale boards, advertising, property particulars, Energy performance certificates etc.

 

Where we introduce or have negotiations with the ultimate purchaser of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

 

Is this legally right given he was notified on 1 April 2018?

 

Thank you

Edited by dx100uk
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Have they performed any of the above ?

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Where did you enter into the contract? Was it online, on the telephone or in their office?

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so what exactly di you say in your letter of cancellation?

 

On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

 

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

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  • 2 months later...
Have they performed any of the above ?

 

They have yet to send me an invoice for their ‘services’ but are not referring to the notice of cancellation that was sent to their franchisee stating that they never received notification of cancellation.

 

The T&C’s state that it should be in writing to their head office or to their email.

 

I didn’t send it to their head office email but to the representative I.e. franchisee, twice by email.

 

They state that they are within their rights to invoice me and to claim commission on the sale of the property regardless of whether the buyer was from having seen the property marketed by them. I have written to the property ombudsmen who say they will review the case.

 

Where did you enter into the contract? Was it online, on the telephone or in their office?

 

Te contract was discussed over the phone and sent by email and returned signed by email to the representative I.e. franchisee.

 

REMAX draw the distinction between themselves and the franchisee stating that they are in control of the marketing and hence the notice of cancellation only is registered when sent directly to them.

 

so what exactly di you say in your letter of cancellation? On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

 

The Cancellation of Contract stated the following:

 

Sunday, 1 April 2018

 

Re/Max Right Step Property

1b Hall Lane

London, E4 8HH

 

Dear (Estate Agent name)

Re: (property address)

I recently entered into a Sales Agency Agreement with yourself as sole agent on 21 March 2018 online by way of sending you an email ([email protected]).

 

In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and with the contract terms requesting cancellation within 14 days from signing,

 

I would like to cancel the contract on the basis that there hasn’t been any signs that your methods of marketing have yielded any serious potential buyers in the first week when the first three weeks are expected especially as this is a bank holiday weekend, to generate the most interest.

 

I also have had no communication from you all week despite assurances that you were to follow-up with Winkworths last Monday.

 

Furthermore, a competitor is offering a lower commission rate of 1.5% and is already representing properties in the block.

 

I require written confirmation from you that the contract has indeed been cancelled and that no payment will be claimed by you.

Yours faithfully,

Edited by dx100uk
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as you have a copy of the email then they cant claim they havent got it.

 

That would be like saying they didnt get a letter because their guard dog ate it therefore you didnt send it.

 

In short they dont have a leg to stand on and no reason to claim anything from you for any reason.

 

They are just annoyed that they cant have some money for nothing

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The outcome was?

 

 

The problem is the Contract was not signed on EA premises, so no 14 day cooling-off period.

Also bad move to suggest you want to cancel because another EA is prepared to offer a lower commission.

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Wrong way round Mariner

 

* Contracts signed in the agent’s office do not carry a right to cancel. Certain information must be provided to the consumer, clearly explaining this.

 

* A contract signed away from the agent’s premises, gives the seller a right to cancel and a cancellation notice must be given to the consumer, before the contract is signed.

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