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IN or OUT of Contract?


LB145
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Not sure if anyone can advise

my dad has a small retail service business and was contacted by an agent to sell the business in 2014,

he signed the attached contract in 2014,

he only ever had one person interested via them but did not proceed with an offer.

 

He has not signed anything since then,

however he recently received a call from the agent asking if he was interested in selling his business,

to which he replied I thought it was with you already,

 

they then told him he is still in contract with them and quoted clause 12 - 14 and he needs to pay £950 plus VAT get out of contract fee if he wishes to terminate. They have now sent him the letter attached with another contract attached for him to sign.

 

We believe he is no longer in contract with them, the twelve month period was from 2014 -2015 and the wish to terminate contract clauses 12-14 no longer applies to him as this is not a rolling contract. Any advice as to whether this company still has my dad in contract, my dad needs to hear it from someone else other than his family :-)

Contract 1.jpg

Letter 1.jpg

Edited by LB145

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Its a very well known sc@m theae advertising companies pull

Totally ignore them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Read upload

Convert to pdf please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you just as we thought.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Which company is this?

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RTA Business Sales Specialist

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Share on other sites

RTA has a good deal of form with this sort of situation and a quick Google search is littered with cases where RTA has taken clients to Court over alleged breaches of contract. There is much to suggest that an appropriate defence would be successful over unfair terms.

 

From your upload it does seem that Clause 2 states that the contract exists for a period of 12 months, but it then also states that the contract remains in force even after that date until terminated by either side in writing. Clause 14 seems to state that in the event of termination by either side the amount of £950 plus VAT is payable regardless?

 

That would seem to be a grossly unfair term as it could effectively hold you to that term in perpetuity with no evidence of any work being carried out to earn it. It would to most reasonable people be a penalty and therefore unenforceable but I will leave anything further to far more qualified people than I

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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has the op paid them since 2015 contract?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

has the op paid them since 2015 contract?

No payment since 2014 - only just received a further contract exactly the same to sign and return.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

PDF version of letter and contract attached

Letter 1.pdf

Contract 1.pdf

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Share on other sites

little fleecers as post 2 then as nothing has been paid

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you for your replies, I have informed my Dad.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

RTA have just told him on the phone that Clause 14 states he has to pay.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Share on other sites

They will say that

- it is their business model and is worth an awful lot of money.

 

They also sue a lot of their clients for exactly the same reason hoping that they will get an undefended case and a payout, but they have also been spanked several times with a properly defended action.

 

Strictly speaking they are correct

- there is an agreement containing Clause 14 which does say that in the event of cancellation a fee will be payable, even after the 12 months has elapsed

 

, but there is also clearly a condition stating that the agreement lasts for 12 months.

 

This would surely have to be an unfair term as where else can a contract bind you to terms even after any agreement has ceased. That contract is littered with ambiguity.

 

I saw somewhere that they also tried to sue a client who believed that the contract had expired and sold his business and they came after him for their commission and fees. Nasty organisation by the looks of it!

Edited by dx100uk
Spacing

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 3 weeks later...

My dad received this letter and invoice this week, can anyone advise of a fixed fee solicitor or a template of a letter to send, I have passed the info given previously onto my dad but he is always needs to hear it from someone other than me and is stressing over the invoice. Thank you :(

ALB RTA.pdf

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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We don't recommend lawyers I'm afraid, it's against site rules. Hopefully someone can suggest a suitable wording.

 

 

However, that letter mentions 2014 and Sidewinder has already said that the agreement mentions 12 months.

 

HB

Edited by honeybee13
Addition

Illegitimi non carborundum

 

 

 

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Threads merged please keep to one thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

No need for any lawyer

 

Ignore them!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What was the date of the original contract?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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No need for any lawyer

 

Ignore them!!

 

They are EXTREMELY litigious DX, taking multiple clients to Court for exactly this, and I daresay that the OP, although the claim could be defeated, would rather avoid the stress and work involved in defending the claim!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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2014

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Unfortunate - as prior to 2014 they had failed to register on the money laundering register as an estate agent and which rendered contracts formed prior to 2012 potentially illegal.

 

Have you researched other cases? There seem to be quite a few and there is a lot of information on the CEBTA website - http://www.cebta.org.uk That seems to have been set up specifically by and for disgruntled RTA clients

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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