HIP Fee

oharab

Hi,
We had our house up for sale for over a year, with only 2 viewings to show for it, so we decided to change our estate agent, back in March this year.
When we signed up the the EA, HIPS were all the rage, so we agreed as part of our agreement that we would get the HIP through the EA, and they would deal with it all.
Once we cancelled with them, we had a letter saying they'd be back in touch if there were any charges, but heard nothing from them. Until April 28th when we had a letter demanding payment for £458 for the payment of the HIP, which we were to pay within 7 days or face court, "as per the the contract you signed".
With one thing and another (my wife if pregnant, so we have a few things on our mind!) we both forgot this letter until today when I had a Notice of Intention to Commence Legal Procedings, now for £602 including "Admin Fee and interest at 3.5%".
Is this fair? We haven't had a HIP, they've not offered so send us the HIP, so we're paying £458 for a pack we have no proof they've done, and then another £150 for them sending us a letter.

I will be phoning them in the morning, but any advice or thoughts would be appreciated.

Cheers

Ben

catfish50

Definitely they should have given you the HIP. Have you asked for it, and asked why they haven't given it to you? You'll have to pay the agreed fee, if it's in your contract, but only after they give you the HIP. As for interest, it seems to me they're on shaky ground demanding interest since they haven't fulfilled their part of the bargain.

You need that HIP, because it includes an energy certificate. The HIP is no longer mandatory, but the energy certificate is. So make sure you get it off these EAs before you pay up. Who are they? Does it start with a C and end with double L by any chance?

DVardysShadow

oharab wrote: »

... I will be phoning them in the morning, but any advice or thoughts would be appreciated.

Phoning? Time now to deal in writing.

oharab

catfish50 wrote: »

Definitely they should have given you the HIP. Have you asked for it, and asked why they haven't given it to you? You'll have to pay the agreed fee, if it's in your contract, but only after they give you the HIP. As for interest, it seems to me they're on shaky ground demanding interest since they haven't fulfilled their part of the bargain.

You need that HIP, because it includes an energy certificate. The HIP is no longer mandatory, but the energy certificate is. So make sure you get it off these EAs before you pay up. Who are they? Does it start with a C and end with double L by any chance?

I've not spoken to them yet, as I said, things are a little crazy round here atm, but I will be making sure I get hold of the HIP, or at least confirmation it's coming, before I part with cash!
As for naming and shaming, it's William H Brown, part of Sequence. I know times aren't the best for estate agents over the past couple of years, but they've done nothing for us.

Hope the new lot are better!

B.

catfish50

oharab wrote: »

I've not spoken to them yet, as I said, things are a little crazy round here atm, but I will be making sure I get hold of the HIP, or at least confirmation it's coming, before I part with cash!
As for naming and shaming, it's William H Brown, part of Sequence. I know times aren't the best for estate agents over the past couple of years, but they've done nothing for us.

Hope the new lot are better!

B.

As Dvardyshadow said, do nothing by phone. Put it in writing so you have a paper trail.

oharab

I've had another read of the original letter we got & it says "further to the correspondence....", so it looks like they've written to us in the past, but we've not had anything here, so that' probably why they seem a bit heavy handed for a first contact.
B.

oharab

DVardysShadow wrote: »

Phoning? Time now to deal in writing.

I will ring them, to make sure it doesn't escalate, but I will make sure I follow it up with a letter. A paper trail is a good idea.

B.

G_M

Presumably you signed a contract originally. What did it say about the HIP? What charge did it quote?

The fact that your property did not sell, or that compulsory HIPs have been abolished, does not alter the fact that you signed a contract.

So read the contract.

Many agents (used to) arrange HIPs and keep them in the office for prospective buyers, so yes, whilst you are obviously entitled to a document you pay for, I suspect they did prepare it and offer it to buyers during the period they were marketing your property.

Interest is chargable on fees which ar not paid.

Court fees are chargable on fees which are persued through the courts.

The fee sounds expensive (but presumably you signed up to this, again, read your contract), but ignoring bills inevitably results in them getting bigger.

oharab

G_M wrote: »

Presumably you signed a contract originally. What did it say about the HIP? What charge did it quote?

The fact that your property did not sell, or that compulsory HIPs have been abolished, does not alter the fact that you signed a contract.

So read the contract.

Many agents (used to) arrange HIPs and keep them in the office for prospective buyers, so yes, whilst you are obviously entitled to a document you pay for, I suspect they did prepare it and offer it to buyers during the period they were marketing your property.

Interest is chargable on fees which ar not paid.

Court fees are chargable on fees which are persued through the courts.

The fee sounds expensive (but presumably you signed up to this, again, read your contract), but ignoring bills inevitably results in them getting bigger.

I have no (major!) problems paying the £458, we agreed to that in the contract, but should I expect them to have the HIP still?
I will have to try and appeal to their better nature tomorrow. Assuming estate agents have one

B.

G_M

but should I expect them to have the HIP still?

Unless they have already given it to you (which you say they haven't) then, yes.

DVardysShadow

oharab wrote: »

I have no (major!) problems paying the £458, we agreed to that in the contract, but should I expect them to have the HIP still?
I will have to try and appeal to their better nature tomorrow. Assuming estate agents have one

B.

Offer them £458 in full and final settlement after delivery of the HIP, which you are still waiting for. Do this in writing. Pointless discussing.