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estate agent using fake internal DCA sent me a fake draft claimfom


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In 2010 we were trying to sell a house, on 18/05 we signed a HIPS agreement, on 20/05 they were terminated by the government, accordingly we cancelled on 20/05.

 

The estate agency have now passed this to their inhouse debt collectors who sent us a draft warning claim form from Northampton County court, stating we owe then 299+vat or if it goes to court 768, where they will seek further costs.

 

As we have cancelled they state, the cancellation is not possible (3 years later) as we had agreed to wave our right to the 7 day cooling period by our initialling the clause, (which we did not initial)

 

They prepared the form for us, signed it 17/05/10 then we signed it 18/05/10, then cancelled 20/05/10

 

Can they ask for a payment for something which is terminated, and then cancelled within the 7 days cooling off period (they say ye they can).

 

The original form signed was by a joint party me and my brother but the court claim is in my name only as they say only I am liable??

 

Would I defend this claim as a vexatious claim and an abuse of the court process and are the debt collection department allowed to issue a DRAFT court claim form, to extract money from us by using this as a threat to litigate?

 

I am a bit confused as they are hell bent on taking this to Court in 7 days, stating they are owed the money in full, despite the cancellation, as the cooling off period is not relevant.

 

Please can I get some Advice and how I CAN defend this claim in full as I do not have 349 to pay them let alone 750 at this time of the year when I have done nothing wrong, we never did sell the property through the agents and in the end it was taken off sale, but they argue the HIPS certificates are there if we make the payment to view, and we are fully liable, whether we sold or not and regardless of the abolishing by the Government of the HIPS

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