Estate Agent who backdated their signature on Sales Agreement and did ot advise on Caveat re HIP Pack 2010

[suedonym]

I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period.

 

They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010.

 

Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out.

 

They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year.

 

Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay.

 

I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance.

 

None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest.

 

I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of.

 

The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices.

[citizenB]

 

They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire.

 

 

The Direction Questionnaire would have been way after the claim had been issued, so did you not receive the claim from the court first - this would have given you the opportunity to declare that you were intending to defend and you would have had 33 days in which to do so.

[AndyOrch]

DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

[suedonym]

No, as I have already stated, although they were "sabre rattling" in 2013, I had nothing, either from the Court other than an instruction that I must fill in a Directions Questionnaire, and that I MAY/COULD download it from their site. As is usually the case, with my age group, I would have expected the DQ to arrive in the post. It did not. Had the other side sent me a copy of their Directions Questionnaire, I would have known what the DQ was. The court's terminology is highly ambiguous, not only in the Court's title "Directions Questionnaire, but the use of the ambiguous term may/could. There is an unfair assumption that my age group is able to navigate around these highly confusing and complex sites, much less understand what the form was. I filed the paperwork from the court away, waiting for the DQ to arrive, which it did not. Had the other side done what it should, it would have jogged my memory, and I would have been able to act upon it.

[citizenB]

DQ is only issued if service is acknowledged and defence submitted CB.

 

Andy

 

 

Sorry, yes, I forgot that.. apologies.

[AndyOrch]

Hi suedonym responding to your PM

 

Directions Questionnaires ...which deals with the allocation of the claim are only sent if the defendant (you) acknowledges service of the claim and the submits a defence.

If as you state you never received the claim and so unaware did nothing the claimant can request default judgment...and then execute by way of the Writ.

 

When you state you stayed the judgment do you mean the judgment or the Writ?

 

I note you have since set a side the judgment (the claimant failed to attend) and at this stage have until the 31st July to respond to the set a side...otherwise the claim will be struck out.

 

In view of that then wait until that date and see if the claim is struck out....that will be one part of your problem resolved.

 

With regards to the behavior of the Estate Agent then you could deal with that separate by registering a complaint with the following body if not already....but assuming the claim is struck out you will have suffered no financial loss...just deceit.

 

http://www.tpos.co.uk/make-complaint-sales.php

 

http://www.ombudsman-services.org/property.html

 

Regards

 

Andy