Possible Estate Agent Issue Bairstow Eves..Court Claim received.

[steampowered]

I see. In that case it may be worth informing the claimant of the defendant's financial situation. If the claimant is aware of this and adequate evidence is provided they might decide not to proceed with making the claim, as it would not be worth the cost of them proceeding to court if the defendant is not in a position to pay.

[tony3x]

Would they not be able to put a charge on the house - assuming they were successful in the claim - or even get some sort of 'bailiff' enforcement.

[steampowered]

Yes, if they are successful in obtaining a CCJ those are both options.

[tony3x]

would he be classed as a vulnerable person? he is married and his wife is Peruvian with not the greatest grasp on English at the moment.

 

Not sure it matters but though its worth pointing out.

[steampowered]

That's a bit beyond my expertise but there is info about that on the bailiff forum, see for example http://www.consumeractiongroup.co.uk/forum/showthread.php?456344-Bailiff-enforcement-All-about-Vulnerability.

 

I don't think vulnerability would prevent a charging order being placed against the property. However, the charging order would not be realised until the property is eventually sold.

[tony3x]

Just a quick one .

 

Friends wife took the Acknowledgement of Service to the court named on the claim form. They said that it was the wrong place and it should have been sent somewhere else. He is waiting for his wife to get in to get more details. Is this correct as I assumed it would have been at the court.

[panther12]

Should say the address on the pack you received with the claim. If it says issued by CCMCC that's the money claims centre which I think is Salford. If it was issued by MCOL it would be Northampton. They do all the admin donkey work and it only gets transfered to your local court later down the line if the claim is still proceeding.

[dx100uk]

you should have a password on the claimform

do it online at MCOL?

[tony3x]

Thanks. It is CCMCC. No password for MCOL that I can see. Although I may not have a copy of all the paperwork. There doe snot seem to be an address on the claim form but again I may not have been given everything. Will check.

[dx100uk]

probably correct then

 

I believe theres an email for salford

[AndyOrch]

e: [email protected]

e-filing enquiries: [email protected]

[tony3x]

I need to file the defence for this now but I am not good at the setting out, mainly regarding how much information to put in.

 

Would something like this be ok;

 

1) The term of the contract specified in para E (iii) of the POC is unfair. 6 months is an unreasonably lengthy period of time.

 

2) The terms and conditions were not supplied with the agreement so I was unaware of the time limits specified in them

 

 

Below is aletter sent to the solicitors in September 2016 which they did not reply to. Is it worth quoting any of this;

 

"Thank you for your last letter and I apologise for not getting back to you sooner but as previously mentioned I am an MS sufferer and have been quite bad lately and my mother has been quite ill so I have not been in the right frame of mind.

 

I note that along with the signed copies of the agreement there is another page of what seems to be terms and conditions. This is the first time I have seen this page. There are some quite material facts on that page and if I had been told about them at outset I may not have signed the agreement. If I had known about them I would not have told the buyers to go through the new agency but go back to Bairstow Eves as it would have been foolish of me to do otherwise. I was under the impression that once I had served my notice period with Bairstow Eves that was the end of the agreement.

 

May I also point out that when in discussions with the Bairstow Eves representative I was told that the contact would be for 3 months, I notice from the agreement that it says 16 weeks. I know that I signed the agreement that now says 16 weeks but I was only shown the page where signatures are required so could not have noticed it.

 

I also notice on your ‘Particulars of Claim’ you state that interest is accruing at a rate of £1.58 per day, can you tell me what the interest rate for this is?"

 

Thanks for all the help with this.

[AndyOrch]

You must respond to the particulars point by point (A to F ) and either admit or deny...dont add anything that is not within their particulars.....keep it vague for now...should they wish to proceed you expand within your witness statement later in the process.

 

 

Regards

 

Andy

[tony3x]

ok, thanks. Will have another go.

[tony3x]

Here we go again;

 

Particulars of Claim

 

Point 1 is agreed

Point 2 is agreed

Point 3 is agreed - termination notice given 10/06/2016

Point 4 is agreed

Point 4A is denied

Point 4B is denied

Point 4C is agreed

Point 4D is agreed

Point 4E is denied

Point 4F is denied

Point 5 is denied - contract was cancelled as of 25/06/2016 so cannot be deemed shortly after 28/03/2016

 

Thanks again for the help

[AndyOrch]

Well not quite that vague..perhaps a little explanation as why you agree/deny

[tony3x]

Is this any better or does it need more elaboration.

 

Particulars of Claim

 

Point 1 is agreed although it was promised that they had purchasers on their books that would be interested in my property but did not manage to secure many viewings.

Point 2 is agreed

Point 3 is agreed - termination notice given by email on 10/06/2016. Further email sent 25/06/2016 confirming contract now cancelled.

Point 4 is agreed

Point 4A is denied as the terms and conditions were not provided when the contract was signed

Point 4B is denied as the terms and conditions were not provided when the contract was signed

Point 4C is denied as the terms and conditions were not provided when the contract was signed

Point 4D is denied as the terms and conditions were not provided when the contract was signed

Point 4E is denied as the terms and conditions were not provided when the contract was signed

Point 4F is denied as the terms and conditions were not provided when the contract was signed

Point 5 is denied - contract was cancelled as of 25/06/2016 so cannot be deemed shortly after 28/03/2016

[tony3x]

Well just to resurrect this. Been in contact with my friend over the last week or so as follows;

He contacted me to let me know that he agreed to mediation last year and never received any further contact, Then a few weeks ago he got a letter that said the court date had been suspended from the 12th December to 21st February. he claimed he knew nothing of the original court date. Told him to contact the court and see what was sent out and when. I left it in his hands. Spoke to him last week and he said he had made a few calls to the court but could not get through, told him to go down there.

Fast forward to today. He calls me to say he went to court with no paperwork, obviously lost. Then tells me he has had the court bundle for a few months but forgot where he had put it. No one to blame but himself.

 

Question is where he stands re the CCJ. What are the chances of the debt being enforced. He has no access to capital, sole income is made up from disability benefits. His wife works part time and has just bought a property (in her name) as a BTL. His main home is in his name only.

 

Thanks

[SuperVillain]

There's a good chance they'll try to enforce the debt - HCEO or (more likely) charging order against his own property.

[tony3x]

Thanks.

Solicitor already written to him to say that he has 21 days to pay to avoid CCJ being registered - thought it was 28!

 

They will also accept instalments but will put a charge against the property.

 

If they are going to put a charge on he may as well not pay and let it wait until he dies and the house is sold.

 

Not sure HCEO could do anything as he has MS and could be classed as vunerable. Doesn't own a car - its a mobility vehicle.

[SuperVillain]

Agreed the HCEO probably couldn't do anything but it doesn't stop the Claimant from giving it a go. But the charge would be the ideal way as there's a property in his sole name.