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nickpatel

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About nickpatel

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  1. Or even the off-premises definition c will apply here too. a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; I am not sure what would be classed as 'immediately' Great to have this discussion by the way which I hadn't contemplated.
  2. No negotiations or discussions took place at the agent's premises - the only face-to-face contact was at my home when the agent came for initial introduction and appraisal of the property. Good question regards to the difference between the two. I guess the distance contract applies to sole online purchases whereas bullet (b) of off-premises contract applies to me as the agent's represented visited my home and the offer was made then for the services. “distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-pro
  3. Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium. (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation
  4. Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR. I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) the
  5. Bankfodder, I don't understand why you think that I am trying to cheat them. It is in the best interest of the landlord to have a tenant occupying the property rather than having it vacant. But having it vacant is better than having a 'bad' tenant - there are plenty of horror stories. As a landlord, you don't have a lot to rely on before you let some occupy the property so how the tenant behaves leading up to signing the agreement is important. I have had other issues with the agent which I didn't want to elaborate here that led me to terminate the contract as soon as I rejected t
  6. Hi there, The clause that the agent is relying on is as below (Termination Clause) This Agreement will end immediately if the Landlord withdraws their instruction before the Agent finds a Tenant. Once the Agent finds a tenant who meets the criteria agreed which was agreed with the Landlord, the Landlord must pay the Agent the agreed commission. The criteria wasn't agreed in writing but in general I wanted a trustworthy and a transparent tenant - when I rejected this tenant, I gave it in writing that I considered the tenant not to be transparent and therefore, the tenancy
  7. At the end of the day, the landlord can reject the tenant for any reason but the agent cannot charge for simply introducing a tenant as if the tenant has occupied the property for whole one year. The claim form simply says the invoice date and the amount only ( served through MCOL) and no further particulars of the claim served
  8. The tenant wanted to do a third viewing of the property on the day that he was meant to sign the agreement, having wasted good part of two weeks and having had two viewings already. I considered him to be non- transparent and rejected him. Thanks again
  9. Hi Bankfodder, Many thanks for your elaborative and helpful reply. Section 6c or 6d doesn't apply here- section 6d refers to a tenancy agreement. My contract with the agent is for providing services and it is not precluded by this statute. With regards to the fee, there is no breakdown- they're trying to charge me a full year of finding and managing the property as if that tenant has lived there for the whole one year. In fact the contract says that the % commission is calculated based on the rent on the tenancy agreement but there's no tenancy agreement so th
  10. Hi all, I'm new to this forum and hope you can help. Wanted to check my understanding of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 with regards to failure of a letting agent to provide the right to cancel as part of the contract (I am a landlord). To provide you some background, the I appointed the agent for a period of 2 months to let our principal residence last year (before we moved abroad). I ended up sacking him as I was unhappy with the services (in finding the right tenant) and his transparency. Just before I sacked hi
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