Burchell Edwards 2nd claimform for bogus House selling fees - 1st case was discontinued

[Me-jules7]

Hi

 

Our house was up for sale with Elder Twells first with their board outside, the buyers sister lives round the corner.

 

Buyer contacted Burchell on several occasions requesting details - they never sent them to him that's why he contacted me direct.

 

The claim is around £2.5

 

My main queries are:

 

The original claim went right to 2 days before the court hearing when they sent in a letter stating not continuing with claim to the courts.

 

They state in new claim they have corresponded with me on several occasions when in fact the last I heard from them was the withdrawal letter.

 

There is no 'special' permission applied for I've phoned money claim online this morning.

 

Thanks for all the advice

Julie

[steampowered]

Hi, thanks for the clarification. The problem with your case is that buyer must have known Burchells were instructed to sell the property, otherwise he would not have contacted them. I am not sure if this would be enough to trigger liability for commission. Probably not, but you still need to get your hands on a copy of the document you signed. It sounds like they haven't complied with their own T&Cs and if you can point to that, that will be incredibly persuasive for the judge.

 

 

Good to hear the claim is for £2.5k. You might as well defend it all the way then, since it is very unlikely they'll recover any costs from you even if they win. The key is to be properly prepared - push hard for a copy of that document.

 

 

I think you should write to the claimant separately from the court process informing them that you haven't heard anything from them whatsoever, and to ask them to make sure correspondence is directed to the correct address. Keep a copy of this - it is important to have a paper trail if they send any more documents to the wrong address.

[Me-jules7]

hiya

 

I've found the original document it says sole agency

 

I will defend all the way again!

 

I kept the money to one side to pay from the last claim if we weren't successful but when they pulled the claim we spent the money. It was back in March and I've had nothing since!

 

If they actually assisted in the sale of my house and not pushed for the higher bracket to increase their costs to me I would have no issue in paying them, Whitegates who we brought our house from helped the whole way through the process of anything the money should go to them

 

Thanks for all the advise really appreciate it

 

Mejules7

[mch1991]

Civil Procedure Rules 1998 state the following:

 

Discontinuance and subsequent proceedings;

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

Hope this helps.

[Me-jules7]

Civil Procedure Rules 1998 state the following:

 

Discontinuance and subsequent proceedings;

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

Hope this helps.

 

Massively yes thank you very muchly

[slick132]

Hi MJ,

 

I've found the original document it says sole agency

 

I will defend all the way again!

 

Can you confirm who the document is from and how it affects the case.

 

Thanks

[mch1991]

Massively yes thank you very muchly

 

You're Welcome.

 

Defend the claim in full, note the CPR section as quoted above, it might also be worth applying to strike the claim out on that basis. I'm not sure whether it'll be applicable, but you might also be able to claim losses (£18 per hour for litigant in person). I'm sure others will clarify or correct me if I'm wrong.

[Ethel Street]

Hi

 

Our house was up for sale with Elder Twells first with their board outside, the buyers sister lives round the corner.

 

Buyer contacted Burchell on several occasions requesting details - they never sent them to him that's why he contacted me direct.

 

 

I'm a bit confused here. Where do Elder Twells come into this? Up to this point the thread was all about Burchell Edwards. It's Burchell Edward who have issued proceedings against you yes? And previously Connells issued proceedings? (Connells and Burchell Edwards are both part of the Skipton Building Society Group but Elder Twells is an entirely independnent estae agent as far as I can see from their website.)

 

Did you instruct both Elder Twells and Burchell Edwards at the same time? Were both their boards outside your house at the same time?

[steampowered]

Its great that you found the original document. What does it say about payment of commission? And also about their obligation to market the property? I'm hoping there is something in there you can use against them.

[Me-jules7]

Its great that you found the original document. What does it say about payment of commission? And also about their obligation to market the property? I'm hoping there is something in there you can use against them.

Will check this when I get home

[Me-jules7]

I'm a bit confused here. Where do Elder Twells come into this? Up to this point the thread was all about Burchell Edwards. It's Burchell Edward who have issued proceedings against you yes? And previously Connells issued proceedings? (Connells and Burchell Edwards are both part of the Skipton Building Society Group but Elder Twells is an entirely independnent estae agent as far as I can see from their website.)

 

Did you instruct both Elder Twells and Burchell Edwards at the same time? Were both their boards outside your house at the same time?

 

I put the house up with Elder Twells first they put their board straight up literally the same day, but Burchell advised I could use their 14 day cancellation to come away from them. Jodie (Burchell) as she left my house pulled down elder Twells board as she went, she then went and hand delivered the cancellation form to Elder Twells also.

[slick132]

Hi mJ,

 

Do you have the Elder Twells agreement to confirm if you had a 14 day cancellation clause ?

 

Do you know how long it was between you instructing Elder Twells and Burchells getting you to use them instead ?

 

[Me-jules7]

Hi mJ,

 

Do you have the Elder Twells agreement to confirm if you had a 14 day cancellation clause ?

 

Do you know how long it was between you instructing Elder Twells and Burchells getting you to use them instead ?

 

 

Hi Slick

 

Unfortunately I don't have the elder Twells

 

If I remember correctly it was approx a week, I phoned Elders earlier and they confirmed they have a 14 day cool off period.

Apologies for the delay in getting back to you

 

Cheers

MJ

[slick132]

Hi MJ,

 

OK, we can leave Elder Twells out of the equation as they were dis-instructed when Burchells signed you up.

 

I assume that you have already lodged your Acknowledgement of Service but please confirm.

 

Please respond to the Q's raised by Steampowered in post #34.

 

[Me-jules7]

morning

 

apologies I've had no laptop it decided it had enough grew wings and is now enjoying life in laptop heaven lol

 

Filed defence last night, used same defence as last time then also included the bit from above, fingers crossed it's enough

 

Thanks again for your help I will keep you updated

 

MJ x

[Me-jules7]

Afternoon

 

Just to update this has now eventually gone to court and I am very pleased to report that I WON case dismissed

[dx100uk]

yes!!!

 

 

well done!!

[Ell-enn]

Excellent

[havinastella]

Any more information?

[Me-jules7]

The judge was very much in my favour

went down the customer satisfaction line and that from all my emails and copy letters

I obviously wasn't a satisfied customer.

 

 

Burchell had no response, the lady who originally came to my house to value it refused to attend

and the office manager who attended said he understood after listening to my account of things where I was coming from.

 

 

I think he thought the signed contract was all he needed

his face was a complete picture when the judge awarded in my favour.

 

I can't remembered the exact law/rule she quoted but stated any further attempts to take me to court would also be chucked out.

 

Very happy that from recieving the initial brochure via email I kept all correspondence and also that between myself and the buyer

[steampowered]

Well done, good news!

[slick132]

Great to see you won.