Taking Estate Agent to Court: Admin Fees

turnitaround_3

Hello,

I'm in the early stages of preparing the Small Claims Court forms to take an Estate Agent to court for paying for a service yet not receiving it.

Here's the catalogue of affairs;

Jan 9th: View property, advised £180 is payable to secure this property
Jan 9th: Administration fee paid and forms completed

The administration fee WILL: secure the property for a period of 14 days, references from employers and previous landlords will be obtained, a credit check will be performed, tenancy agreement (subject to satisfactory checks) will be drawn up, inventory conducted, property handed over upon payment of deposit+1 month's advance rent.

Jan 16th: Employers have not been contacted
Jan 16th: Previous landlord has not been contacted
Jan 16th: Phoned estate agent to say they would call back, no call back
Jan 17th: Informed credit check passed
Jan 17th: Informed that they are awaiting the OK from house-owner
Jan 17th: Informed that will call back, no call back
Jan 17th: Property is still being advertised on their website

Website information clearly states that the property will no longer be listed in their listings. The property is not only listed, it is their Featured Property.

Sooooo. Assuming that this is going to fall through due to the feeling I'm getting (I work in business!) I'm making preparations to take the Estate Agent to court. It is not made clear that this administration fee is non-refundable, even though you and I know that it won't be.

The argument that I am going to present is that a service has been paid for which I did not receive. This centres around the failing to take-up references, the amount of time taken to perform the simplest of tasks, not returning calls, and not removing the property from their lists as promised. That and including that since the additional administration procedures did not have to be performed should we have been successful in passing their vetting process.

The figures to be claimed will be;
£30 - court costs
£130 - allowing £40 for performing the administration which was performed
£100 - being inconvienianced, not wanting to know once money was handed over, preparation of these documents
£40 - costs for referees (£20 each) in submitting correspondence to myself stating that they were not contacted

My overall feeling here is that I am NOT going to pay for a group of Directors to race around in brand new BMWs and pay one of their dolly-birds wages for a week, at my expense when they have not delivered a satisfactory service.

Please if anyone has any advice then please do tell, I'm not totally invulnerable just almost ;-) It annoys me to read of another lady in here who is trying to rent out her house and getting messed about by tenants/agents. They've got away with it for too long.

Thanks kindly.

silvercar

Sooooo. Assuming that this is going to fall through due to the feeling I'm getting

IMO (and I'm not an expert) the court will be more likely to share your viewpoint if you have given the EA an opportunity to correct things.

It is not made clear that this administration fee is non-refundable, even though you and I know that it won't be.

You need to establish this otherwise your case will fall over before its started.

£100 - being inconvienianced,

I don't know if the small claims court can award money for inconvenience.

The argument that I am going to present is that a service has been paid for which I did not receive.

The EA will say he quoted 14 days so you needed to give him 14 days to complete the task.

Jan 17th: Informed that they are awaiting the OK from house-owner

It could be the house-owner who is not being as speedy as you would like. The EA can only act on the house owners instructions. It seems reasonable to touch base with them before returning your call.

The fact the property is still on the website is not significant if the EA is advising anyone that inquires that it is not available at the present time.

At the end of the day if they say they will do X in 14 days you have to allow them 14 days to do it.

turnitaround_3

silvercar wrote:

At the end of the day if they say they will do X in 14 days you have to allow them 14 days to do it.

Ello :-)

They say 5 days on their website, I have it all printed off. I was due to sign the tenancy on the 14th being last weekend. I'm an IT Contractor in London so this is all turning into a load of messing about with time not on my side.

The feeling kind of is this; I go to look at 5 houses and subject to these estate agents precarious checks then that's £1,000 blown and I'm still commuting. Some of these charge as much as £300 in non-refundable 'admin' fees.

It's a scam. Or I think it is anyway. I mean.. Single non smoking female with good background and credit.. This is just taking the P-word. Being fobbed off by silly giggly little teenages. I'll have some lager-louts paint all their office windows black if I don't get that admin fee.

Doozergirl

Have you aired your concerns with the manager yet? Without getting angry?

I think a little patience might help. If their perception of your attitude is anywhere close to mine, you're not helping yourself.

silvercar

From the CAB website:

"Before applying to the court


You must try and settle a claim before taking court action. If you do not try to settle first, the court may penalise you. So, for example, if a television does not work, there is no point in applying to the court immediately for compensation - you must contact the shop which sold it first to try to solve the problem, and only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply – a month is usual. You should also warn them that you will take court action if they fail to reply within the given time."

That said, if you do end up going to court you can do it all online at:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

turnitaround_3

Doozergirl wrote:

If their perception of your attitude is anywhere close to mine, you're not helping yourself.

My attitude! I'll remind you of that the next time you buy something you really want from Argos and you get it home and it's covered in fingerprints and used.

The trouble is that far too many people just sit back and take it.

As for the managers, you can't get hold of them. I would never treat anyone like this when knocking out a deal. What these plonkers soon realise about me in business is that I'll go to the end to make things work and am nice as pie, but cross me, and they will be sorry. I'd already made someone bankrupt by the 4th day of 2006 so there's action for you.

It'll be about 10.30 tonight that I finally get home from here. This was meant to be signed and sealed on Saturday.

xx

Ian_W

turnitaround wrote: What these plonkers soon realise about me in business is that I'll go to the end to make things work and am nice as pie, but cross me, and they will be sorry. I'd already made someone bankrupt by the 4th day of 2006 so there's action for you.

Attitude, Doozergirl? What attitude?? :rotfl:

Sorry turnitaround, do you wanna get the flat? Or do you just wanna sue people and make them bankrupt? I'm very what your aim is?

Doozergirl

If I did buy something from Argos that was covered in fingerprints and used, I certainly wouldn't take it back and ask the perfectly reasonable staff there for an exchange.

No! I'd start Small Claims proceedings and paint their windows black, bringing the whole company crashing to insolvency and the managers searching desperately in the dark for their BMW keys.

:rotfl:

MrsC_5

turnitaround wrote:

The trouble is that far too many people just sit back and take it.

I couldn't agree more. If more people stood up to these bloodsuckers who call themselves "a profession" maybe they wouldn't keep getting away with robbery. You go girl!! (well.......I think you're female :rolleyes: )

plane_boy2000

I have to be honest you have come across here as not helping yourself, but that aside if your serious about having this place then why not establish who the landlord is and contact them. You could tell them you are serious about the place, but that their agent is being less than helpful. possible outcome:- you rent direct from the landlord and agree a rent reduction to ofset the agents fees he wont be paying thus you have got one over on the agent plus the landlord may own other property and is likely to use the same agent for it all so it may lose them even more business. All in all you may get the place, save a few quid, and save the hassle of getting angry and small claims

Doozergirl

plane_boy2000 wrote:

possible outcome:- you rent direct from the landlord and agree a rent reduction to ofset the agents fees he wont be paying thus you have got one over on the agent plus the landlord may own other property and is likely to use the same agent for it all so it may lose them even more business. All in all you may get the place, save a few quid, and save the hassle of getting angry and small claims

There's a definate introduction happened there which means the agent is entitled to their fee from the Landlord. turnitaround still has to take the agent to small claims for the thing that the agent didn't do and the non-refundable deposit.