Estate Agent Help please court action!

alm721

DVardysShadow wrote: »

As i read it, the decision to PX [or at least explore it] was made without a viewing - then the viewing took place.

Yes thats what happened, I just didn't write it very well

alm721

chickmug wrote: »

The OP's post are not that easy to read or I may be getting old and senile:D

No it's me, I shouldn't type after several glasses of wine;)

alm721

RabbitMad wrote: »

As far as I can tell there are 2 specific issues here
1. Does the OP's sister owe the money
2. Have the EA raised the case in the small calims court correctly.

1. can only be decided by a judge but I think not

2. It appears that the EA's particulars of claim are OP's sister didn't pay their fee when invoiced. Why the OPs sister didn't enter a defence saying "we don't owe this money" I don't know, or better still apply for the case to be struck out. However IIRC what happens next is that the EA and OPs sister will have to produce documents they wish to use in court about 3 weeks before the case and send that to the court and the other party.

When this happens the OPs sister should enter copies of the notice given to the EA, the house sale / part ex contract and also get the new owner to write a letter stating the date they first viewed the property with a view to part exchanging. These 3 items in my opinion should be enough for the judge to see that the OPs sis doesn't owe the cash.

Items that I wouldn't enter into court are the 2 letters sent and the contract, although I would have them handy incase the judge needs to see them.

Thank-you for that, the reason we've not entered a defence is that the courts guidance note specifically say not to enter a defence until the particulalrs of the claim are recieved. We only recieved these yesterday. The judge has already stayed the claim twice due to the EA not producing the particulars as required however he has now lifted the stay becasue they have sent in a copy of their invoice:rolleyes:. The first we knew of this was when we recieved the allocation questionaire through the post (We still didn't have the 'particulars' then and had to ring the court for them to send them).
We are sending the notice back with a note stating that we will forward our defence asap but certainly within the next 14 days which is the time period you have from recieving the particulars (according to the court notes).

My sister is getting in touch with the purchaser to ask them to write a letter stating whats happened which she's sure they will be happy to do. Can I ask why you would'nt enter the previous letters or contract?

Many Thanks

princeofpounds

Just on thing, again not sure about where I have read this but you need to be careful with bringing in testimony letters from third parties. Much better for them to also turn up in person or have the testimony done properly with a lawyer. Read a post in a deposit dispute where this had happened to someone and judge ignored it.

alm721

princeofpounds wrote: »

Just on thing, again not sure about where I have read this but you need to be careful with bringing in testimony letters from third parties. Much better for them to also turn up in person or have the testimony done properly with a lawyer. Read a post in a deposit dispute where this had happened to someone and judge ignored it.

Thank-you, I'll go and look for this now.

chickmug

alm721 wrote: »

Thank-you, I'll go and look for this now.

But hang on here have you made any calls as I suggested in my post 35?

What was the outcome?

If not you are going round in circles on the forum surely?

alm721

I know this is now an old thread but just thought I would let people who posted know, we went to court today and won. The judge dismissed the case as he said the onus was on the EA to prove that the fee was due under their contract terms, (which they couldn't becasue it wasn't!), not on us to prove that it wasn't. Anyway great news and just wanted to say thanks to all who offered advice.:j

jangor_2

I have been following this thread with interest and am delighted, for your sister's sake, that the case has been dismissed.

princeofpounds

Genius! Well done! What happened to costs?

alm721

From our point of view we had no costs as we didn't involve solicitors. I did the paper work. We did consider counterclaiming for loss of pay attending court etc but tbh my sister just wanted it to be over and never wants to see a court room again. I wasn't too sure of the couterclaim proceedure so we just left it. Am still tempted though:o Their costs were dismissed with their claim.:beer: