Can any legal experts offer me any advice re EA contract....?

moneybunny123

RabbitMad wrote: »

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 proceedings

This is pretty much what we've done - the only difference being that we know the cheque can't be returned as they've cashed it. The money willl leave my account by 3pm today unless I stop it.

GDB2222

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...

See a solicitor NOW (ie well before 3PM)!!! They can sue on the cheque if you cancel it and are 100% bound to win.

It does seem to me that you are penny-pinching when it comes to advice, and that is making it worse. Please stop asking here if you are going to ignore the advice you get. It's really annoying.

moneybunny123

My solicitor is 'tied up' - so do I cancel the cheque, or don't I? How can they sue me for withholding MY money!? And if they did, surely it's only for the amount in the cheque. Not only that, are they likely to sue when in two months they haven't sued me for their commission?!

In fairness GDB, I have listened to advice on here AND from a solicitor. I just wanted an end to the fiasco and paying it, I thought, did that. How can the EA move the goalposts somany times?! Full fee, half fee, full fee, half fee, now full fee again. Is it any wonder I'm on the edge?!

moneybunny123

P.s. And nobody said paying it wouldn't bring an end to it.

moneybunny123

I just need to know if cancelling the cheque really will land me in more hot water. Rabbitmad thinks not...

I have an email from the partner who is now moving the goalposts (sent before our meeting where he laughed at me and threatened to sue) that he hoped we could find a "fair solution"......what, like a 50% payment?!!

SEems to me their bullying for the 50% worked and now they're using the same tactics to get the other half. Would ombudsmen REALLY take their side in all this? Knowing ALL the facts and knowing how completely unreasonable and unprofessional the EA has been?

angrypirate

moneybunny123 wrote: »

I just need to know if cancelling the cheque really will land me in more hot water. Rabbitmad thinks not...

I have an email from the partner who is now moving the goalposts (sent before our meeting where he laughed at me and threatened to sue) that he hoped we could find a "fair solution"......what, like a 50% payment?!!

SEems to me their bullying for the 50% worked and now they're using the same tactics to get the other half. Would ombudsmen REALLY take their side in all this? Knowing ALL the facts and knowing how completely unreasonable and unprofessional the EA has been?

Id personally cancel the cheque and email the EA saying, "without prejudice, in light of your claim for the additional 50%, I have cancelled the cheque for £1600 that I made as a gesture of good will, equivalent of 50% of fees. As the sale, otherwise defined as exhcange of contracts, took place more than 6 months after contract termination I am without any doubt that your claim is invalid in accordance with section XXXX of our original contract, dated XX XXXX. Please see attached a copy of the land registry details showing the date of exchange, and a copy of our letter terminating our original contract".

RabbitMad

you can cancel the cheque provided you have something from them in writing (or email) rejecting your offer and saying its only part payment.

Do this and then write saying they have rejected your offer and you don't owe a penny so will not pay as angry pirate says.

sonastin

If you are happy to pay 50%, I'd let the cheque go through. At the moment, you still have the high ground. You have tried to reach a fair and amicable settlement. Some representatives of the EA think you have done the same. It is likely that the ombudsmen and any judge would also take that view. If you cancel the cheque after they have cashed it, you appear to be stooping to their petty level.

I would contact the reasonable partner in the agency again and ask him to confirm that it is an end to the matter and if he is unable to call off the agressive bully, all future correspondence should go through your solicitor. Once that is done, move on with your life. Don't let it get to you any more. There is nothing more that you can do about it and every step that the EA takes now that you have accepted their offer of settlement just shows them up as being unreasonable.

moneybunny123

sonastin wrote: »

If you are happy to pay 50%, I'd let the cheque go through. At the moment, you still have the high ground. You have tried to reach a fair and amicable settlement. Some representatives of the EA think you have done the same. It is likely that the ombudsmen and any judge would also take that view. If you cancel the cheque after they have cashed it, you appear to be stooping to their petty level.

I would contact the reasonable partner in the agency again and ask him to confirm that it is an end to the matter and if he is unable to call off the agressive bully, all future correspondence should go through your solicitor. Once that is done, move on with your life. Don't let it get to you any more. There is nothing more that you can do about it and every step that the EA takes now that you have accepted their offer of settlement just shows them up as being unreasonable.

The reasonable partner is on holiday

angrypirate

sonastin wrote: »

If you are happy to pay 50%, I'd let the cheque go through. At the moment, you still have the high ground. You have tried to reach a fair and amicable settlement. Some representatives of the EA think you have done the same. It is likely that the ombudsmen and any judge would also take that view. If you cancel the cheque after they have cashed it, you appear to be stooping to their petty level.

I would contact the reasonable partner in the agency again and ask him to confirm that it is an end to the matter and if he is unable to call off the agressive bully, all future correspondence should go through your solicitor. Once that is done, move on with your life. Don't let it get to you any more. There is nothing more that you can do about it and every step that the EA takes now that you have accepted their offer of settlement just shows them up as being unreasonable.

Who cares about the high ground? As it sounds like you are legally in the clear, Id tell them to shove it.