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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.  Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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Estate Agent claiming full fee due despite early cancellation


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I recently entered a contract with an estate agent called Remax signing on the 21st of March 2018 due to the failure to get one visit booked within the first week whereby there was 350 online views and a failed attempt to cooperate with another estate agent to work together in selling the property.

 

I didn’t hear from the agent in a week and he didn’t respond to a message I sent him asking for an update. Hence, I decided to cancel and go with another agent.

 

This is the wording from the contract:

 

If you are a consumer client and this contract was not agreed within our premises you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day this contract was agreed.

 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to: RE/MAX Right Step, 1b Hall Lane, London, E4 8HH or emailing us.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

If you choose to cancel the agency agreement, you will be required to pay for the services supplied prior to cancelation, such as For Sale boards, advertising, property particulars, Energy performance certificates etc.

 

Where we introduce or have negotiations with the ultimate purchaser of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

 

Is this legally right given he was notified on 1 April 2018?

 

Thank you

Edited by dx100uk
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Have they performed any of the above ?

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Where did you enter into the contract? Was it online, on the telephone or in their office?

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so what exactly di you say in your letter of cancellation?

 

On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

 

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

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  • 2 months later...
Have they performed any of the above ?

 

They have yet to send me an invoice for their ‘services’ but are not referring to the notice of cancellation that was sent to their franchisee stating that they never received notification of cancellation.

 

The T&C’s state that it should be in writing to their head office or to their email.

 

I didn’t send it to their head office email but to the representative I.e. franchisee, twice by email.

 

They state that they are within their rights to invoice me and to claim commission on the sale of the property regardless of whether the buyer was from having seen the property marketed by them. I have written to the property ombudsmen who say they will review the case.

 

Where did you enter into the contract? Was it online, on the telephone or in their office?

 

Te contract was discussed over the phone and sent by email and returned signed by email to the representative I.e. franchisee.

 

REMAX draw the distinction between themselves and the franchisee stating that they are in control of the marketing and hence the notice of cancellation only is registered when sent directly to them.

 

so what exactly di you say in your letter of cancellation? On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

 

The Cancellation of Contract stated the following:

 

Sunday, 1 April 2018

 

Re/Max Right Step Property

1b Hall Lane

London, E4 8HH

 

Dear (Estate Agent name)

Re: (property address)

I recently entered into a Sales Agency Agreement with yourself as sole agent on 21 March 2018 online by way of sending you an email ([email protected]).

 

In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and with the contract terms requesting cancellation within 14 days from signing,

 

I would like to cancel the contract on the basis that there hasn’t been any signs that your methods of marketing have yielded any serious potential buyers in the first week when the first three weeks are expected especially as this is a bank holiday weekend, to generate the most interest.

 

I also have had no communication from you all week despite assurances that you were to follow-up with Winkworths last Monday.

 

Furthermore, a competitor is offering a lower commission rate of 1.5% and is already representing properties in the block.

 

I require written confirmation from you that the contract has indeed been cancelled and that no payment will be claimed by you.

Yours faithfully,

Edited by dx100uk
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as you have a copy of the email then they cant claim they havent got it.

 

That would be like saying they didnt get a letter because their guard dog ate it therefore you didnt send it.

 

In short they dont have a leg to stand on and no reason to claim anything from you for any reason.

 

They are just annoyed that they cant have some money for nothing

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The outcome was?

 

 

The problem is the Contract was not signed on EA premises, so no 14 day cooling-off period.

Also bad move to suggest you want to cancel because another EA is prepared to offer a lower commission.

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Wrong way round Mariner

 

* Contracts signed in the agent’s office do not carry a right to cancel. Certain information must be provided to the consumer, clearly explaining this.

 

* A contract signed away from the agent’s premises, gives the seller a right to cancel and a cancellation notice must be given to the consumer, before the contract is signed.

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