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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
lawdoctor

issue with 'Business transfer agent'

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SORRY MEANT TO POST AS A NEW THREAD.

 

Hi all

 

 

Here is post i posted over one year ago and a post on PAINSMITH'S SOLICITOR's blog. To my mind this is the first court decision made under these regulations. "ESTATE AGENTS BE WARNED CANCELLATION NOTICE REQUIRED"

 

 

"Yes it is a contract law matter. For this contract to be legally enforceable you must have been given a NOTICE OF RIGHT TO CANCEL IN THE PRESCRIBED FORM contained in the written contract.

 

Failure to provide this mandatory written notice render's the contract unenforceable in law.

 

The relavent legistration is The Cancellation Of Contracts Made In A Consummers Home Or PLace Of Work Ect, Regulations 2008 SI 2008 NO.1861

 

I am of course replying to your post on the understanding that you were not given a cancellation notice--------- I have yet to see an Estate Agents marketing contract that complied with the law."

 

 

20 March, 2011 • 23:40 0

Cancellation Notice

 

In a recent case in Watford county courtlink3.gif an agent sought his commission for the successful sale of a property in October 2009.

The Defendant defended the claim on the basis that no Cancellation

Notice in the prescribed form pursuant to the Cancellation of Contracts in a Consumer’s home or Place of Work etc Regulations 2008 had been served.

In response to this defence the agent was relying on schedule 3 of the Regulations which excludes certain contracts from the Regulations. One such contract is for the sale or rental of immovable property.

However, the court held that the contract entered into by the parties was not a contract for the sale or rental of immovable property but one of marketing and as such schedule 3 did not apply.

The court also held that this was a commission contract and therefore caught by the Regulations. Therefore where no Cancellation Notice had been provided then pursuant to clause 7(6) the contract is unenforceable.

The agent’s case was dismissedlink3.gif.

Thank you to Mr Kennedy who brought this case to our attention.

 

LAWDOCTOR.

Edited by lawdoctor

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Where can I find information on the case in watford county court, who was the claimant?

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Hello. I have been searching the internet for days to try and find a case result such as this one. Would this apply to the dreaded 'Business Transfer Agents' ? Thank you

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Hello. I have been searching the internet for days to try and find a case result such as this one. Would this apply to the dreaded 'Business Transfer Agents' ? Thank you

 

Hello and welcome to CAG.

 

Would you be able to elaborate on your question please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello Honey bee.

We signed a contract with a 'Business transfer agent' a few years ago.

 

It was to sell a Guest House.

 

We paid £600 upfront.

 

No success so we terminated the contract with them.

 

Shortly after the contract had terminated, we were able to sell it ourselves.

 

Out of the blue, nearly 18 months we have received an invoice for £6k from the business transfer agent

as they say they were still contracted to be 'sole agents' as the sale of the property went through so soon after the contract terminated.

 

Regardless of this, Watford County Court appear to have set a precedence with the above ruling.

 

The internet is littered with complaints about these types of businesses sending out invoices once the property is sold

or demanding the 'withdrawal fee' of anything from £600 upwards.

 

We at least had the £995+VAT excluded from our contract.

 

Even though these types of businesses do not seem to do a great deal

but still send out the invoices even when they did not sell the property.

 

We were told there would be no cooling off period as it was a 'business to business' transaction which was signed in our own home.

 

Interpret what the above ruling says it could be applied to 'business to business' ?

 

Thank you for your time.

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Hello again, thank for the extra info. I'll flag up your thread for the site team. :)

 

HB


Illegitimi non carborundum

 

 

 

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Hi Mark

 

Watford County Court can't set a Precedent, only a higher court can.

 

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4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

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13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

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What did your contract say about cancelling and if there was any bleed off period where, after cancelling, the agent would still be entitled to commission. Or was there no cancellation clause at all ?

 

If you signed it at home (away from the agents business premise) then Cancellation rights apply.. dont they ?

 

There seems to be quite a bit of information on google regarding the right to cancel.

 

http://www.propertyindustryeye.com/clock-counts-new-cooling-regulations/


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Just thinking out loud. If you sold it yourself, doesn't that make him still the 'sole agent' as you aren't an agent but the owner.

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Hello again Everyone. Thank you for your feedback. To try and answer everyone in one go -

 

 

"Just thinking out loud. If you sold it yourself, doesn't that make him still the 'sole agent' as you aren't an agent but the owner."

The contract says 'sole selling rights' (including ourselves not trying to sell it).

 

 

"If you signed it at home (away from the agents business premise) then Cancellation rights apply.. dont they ?"

It is a grey area depending on how you read the law.

 

 

"What did your contract say about cancelling and if there was any bleed off period where, after cancelling, the agent would still be entitled to commission. Or was there no cancellation clause at all ? "

We cancelled the contract with them as per the agreement. Can't say anymore than that.

 

 

"Watford county court can't set a precedence"

Thank you for clarifying. Will keep searching and hope the thought of the bad publicity it will generate for the BTA will be enough for them to eventually back down. We do have a solicitor working on our behalf.

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Hi MarkLewis1972

 

 

If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look.

 

'"Watford county courtlink3.gif can't set a precedence"

Thank you for clarifying. Will keep searching and hope the thought of the bad publicity it will generate for the BTA will be enough for them to eventually back down. We do have a solicitor working on our behalf.'


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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"If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look."

 

 

Thank you. Do you know how I can get hold of the details of this judgement? Thanks in advance.

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You could contact Watford County Court, you only have the year to go by, so won't be easy.

 

"If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look."

 

 

Thank you. Do you know how I can get hold of the details of this judgement? Thanks in advance.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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