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Can any legal experts offer me any advice re EA contract....?
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How about we all send you £1 via paypal to cover your solicitor fees.
When you win the case, send the £1 back!0 -
OK - an update. Remember one of the EAs partners said I could pay 50%? But then last week I met with another partner who told me verbally this offer had been retracted? Since our meeting he sent a letter to me saying that he was referring it back to the original partner who he knew to have made an unconditional offer to settle.
Well, I decided to draw a line under this whole fiasco and send a cheque for half the fee with a copy of their invoice and an accompanying letter saying "in full and final settlement". But today I've received an email from the second (more arrogant partner) saying that he only accepts the cheque as PART payment and they still want the other half.
I see no alternative now than to let the Ombudsmen decide....0 -
Ah, I think that that is about the one thing I would never have done, ie send a cheque without a clear agreement beforehand. There is a some case law about sending a cheque in full and final settlement, but my recollection is a bit hazy. You should get some advice about that urgently.No reliance should be placed on the above! Absolutely none, do you hear?0
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Their invoice also said that the 50% figure was also the final figure - surely they can't retract that?!! Well, who knows.... All I can do now is let Ombudsmen decide. I've shown that I'm willing to come to a compromise. All it seems the EA has done is bully me into paying half and when I've succumbed, they're nw trying to bully me for the other half.0
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moneybunny123 wrote: »OK - an update. Remember one of the EAs partners said I could pay 50%? But then last week I met with another partner who told me verbally this offer had been retracted? Since our meeting he sent a letter to me saying that he was referring it back to the original partner who he knew to have made an unconditional offer to settle.
Well, I decided to draw a line under this whole fiasco and send a cheque for half the fee with a copy of their invoice and an accompanying letter saying "in full and final settlement". But today I've received an email from the second (more arrogant partner) saying that he only accepts the cheque as PART payment and they still want the other half.
I see no alternative now than to let the Ombudsmen decide....
Oh no!
I would never have done that. By sending the cheque, you are saying "I accept that it was at least partly in the wrong and here is your money". This is exactly the situation I warned you about. Now they have your 'willingness' and they have evidence in the form of a part payment and they are going to squeeze you for every penny. I'm sorry, you've lost the moral highground now, if this goes to court, you're in shaky ground. You *might* get away with it, but I dont know. You let him frighten you into paying and now he has your money and you still have nothing to show for it except more frighening tactics.Debt Free! Long road, but we did it
Meet my best friend : YNAB (you need a budget)
My other best friend is a filofax.
Do or do not, there is no try....Yoda.
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Well, it's done now
I had some advice saying the best thing, if I wanted an end to it all, was to pay them what they asked for. It's been affecting my health - big time - and the 50% fee was worth paying just to get my life back. 0 -
I understand that your health is the more important issue Moneybunney but I really think that if you could have held out then the Ombudsmen would have found in your favour.
50% is still a lot of money when they weren't entitled to it. :mad:My home is usually the House Buying, Renting and Selling Forum where I can be found trying to (sometimes unsucessfully) prove that not all Estate Agents are crooks. With 20 years experience of Sales/Lettings and having bought and sold many of my own properties I've usually got something to say
Ignore......check!0 -
Ok, how would it look if I cancelled the cheque? I've been told by my bank that I have until 3pm today...0
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Write back and say they must return the cheque and say you will let a judge decide who is correct.
Point out that if they cash the cheque it is accepted in full and final settlement.
And then ignore all letters / contact form the agent unless they issue court proceedings0 -
moneybunny123 wrote: »Ok, how would it look if I cancelled the cheque? I've been told by my bank that I have until 3pm today...
You know my thoughts on this MB but then again it isn't my health OR my money.My home is usually the House Buying, Renting and Selling Forum where I can be found trying to (sometimes unsucessfully) prove that not all Estate Agents are crooks. With 20 years experience of Sales/Lettings and having bought and sold many of my own properties I've usually got something to say
Ignore......check!0
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