Complaining about Estate Agents.

lita

Can anyone tell me the procedure for making complaints and getting compensation from Estate Agents please. I have complained over the phone but they couldn't have cared less so what's the next step please?

BitterAndTwisted

What is the nature of your complaint and what actual expenses are you seeking compensation for?

Are you the vendor, a buyer, a landlord or a tenant?

lita

BitterAndTwisted wrote: »

What is the nature of your complaint and what actual expenses are you seeking compensation for?

Are you the vendor, a buyer, a landlord or a tenant?

We were the vendor for 12 weeks after which we left them as they were useless. We were charged a withdrawal fee which we paid on Sept 1st. On Sept 16th we received letters from the court saying that we hadn't paid the agents.
I phone the agents who agreed that we had paid them on the 1st and our account was clear, they said they would sort it and we didn't need to do anything.
On Oct 11th we received a letter from the courts again with 'Judgment for Claimant' written at the top saying that because we hadn't replied to the courts and they hadn't received confirmation of payment from the agents we now had 30 days to pay or we would have a CCJ placed on our credit reports and a bailiff would be sent out.
I phoned the courts and explained, they told me to phone the agents and speak to the again. Once again the agents admitted we had paid and that our account was clear. They said they would send proof of the payment to the courts to close the case........2 weeks of daily phone calls to the courts, checking and phone calls to the agents, chasing, they eventually did it but not before the default and CCJ had been placed on our reports which has caused us to be declined mortgages, 0% balance transfers etc.
This mistake has caused so much upset, expensive phone calls and black marks that I am still struggling to get removed all because they couldn't do their job properly.
I would like the cost of phone calls and cost of the certificate I have had to purchase from the courts to prove it has been sorted reimbursed and an apology at least.

I hope that all makes sense! It's blimmin' difficult typing when your hands are cold :rotfl:

MissMotivation

Ok, couple more questions.

Are they independant or a chain?
Have you complained in writing?
Do you have a copy of their complaints proceedure?

lita

MissMotivation wrote: »

Ok, couple more questions.

Are they independant or a chain?
Have you complained in writing?
Do you have a copy of their complaints proceedure?

They are a very popular chain in our area.
No, would that be the next step?
Not at the moment but I dare say I could try and find it online now I know there's such a thing (I don't complain often enough obviously!)

lita

Are there any letter templates on here for such an occasion? I've found ones for goods and services but not ones for where the person you want to write has been a muppet?!

MissMotivation

The first step in to put the complaint, in writing, outlining what you want to acheive.

If they don't respond or the response is not favourable then write to their Head Office.

If you still don't get a response or your are not happy with their response then you can complain to the Property Ombudsman.....you can't do this unti you have exhausted their complaints proceedure.

If you want to PM me the name of the company I can probably help you more.

BitterAndTwisted

I'd go all the way on his one. Once you've been to the Property Ombudsman I'd be thinking of going to court for the damage their willful negligence has done to your credit-records. Depends on what the PO decides to award you. The image of bricks through windows comes to mind....

DVardysShadow

lita wrote: »

We were the vendor for 12 weeks after which we left them as they were useless. We were charged a withdrawal fee which we paid on Sept 1st. On Sept 16th we received letters from the court saying that we hadn't paid the agents.
I phone the agents who agreed that we had paid them on the 1st and our account was clear, they said they would sort it and we didn't need to do anything.

Well. sorry to put it so bluntly, more fool you. You should have entered a defence along the lines of 'this money has been paid'. By not doing this, the court will just act on the complaint and give judgement against you as you have discovered. And they will tend to take the view that it is you who are messing them about if you want the judgement reversed, because you declined your opportunity to put your side of the matter..

lita wrote: »

On Oct 11th we received a letter from the courts again with 'Judgment for Claimant' written at the top saying that because we hadn't replied to the courts and they hadn't received confirmation of payment from the agents we now had 30 days to pay or we would have a CCJ placed on our credit reports and a bailiff would be sent out.
I phoned the courts and explained, they told me to phone the agents and speak to the again. Once again the agents admitted we had paid and that our account was clear. They said they would send proof of the payment to the courts to close the case........2 weeks of daily phone calls to the courts, checking and phone calls to the agents, chasing, they eventually did it but not before the default and CCJ had been placed on our reports which has caused us to be declined mortgages, 0% balance transfers etc.

When the judgement was entered against you, you should have written to both Agent and Court stating that you had paid and giving all reference information and dates.

lita wrote: »

This mistake has caused so much upset, expensive phone calls and black marks that I am still struggling to get removed all because they couldn't do their job properly.
I would like the cost of phone calls and cost of the certificate I have had to purchase from the courts to prove it has been sorted reimbursed and an apology at least.

You have had 2 chances to avoid this. Granted, you were stuffed by the incompetence of the Agent, but once court papers are issued, you stop dealing with the complainant and you address everything to the court and copy to the complainant.

If you can get compo by complaining to the Agent, then take it. But as this is down to you not looking after your own interests, take it as a hard lesson.

lita

DVardysShadow wrote: »

Well. sorry to put it so bluntly, more fool you. You should have entered a defence along the lines of 'this money has been paid'. By not doing this, the court will just act on the complaint and give judgement against you as you have discovered. And they will tend to take the view that it is you who are messing them about if you want the judgement reversed, because you declined your opportunity to put your side of the matter..


When the judgement was entered against you, you should have written to both Agent and Court stating that you had paid and giving all reference information and dates.



You have had 2 chances to avoid this. Granted, you were stuffed by the incompetence of the Agent, but once court papers are issued, you stop dealing with the complainant and you address everything to the court and copy to the complainant.

If you can get compo by complaining to the Agent, then take it. But as this is down to you not looking after your own interests, take it as a hard lesson.

I'm sorry you feel that way but I disagree. I have never had to deal with the courts before so when the agent said she would send the proof off to them, I believed her. I spoke to the courts directly and was told on a daily basis to phone the agents and chase them to get it sorted...which is what I did. If I was meant to deal with soley with the courts, why was I not told this by the courts??

lita

BitterAndTwisted wrote: »

I'd go all the way on his one. Once you've been to the Property Ombudsman I'd be thinking of going to court for the damage their willful negligence has done to your credit-records. Depends on what the PO decides to award you. The image of bricks through windows comes to mind....

I'm wondering if it's worth going to the local newspaper about them as they have really screwed us in every direction. I'd hate to think they could do it to others too