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mis-selling by letting agent
simonm_3
Posts: 62 Forumite
Hi, I was wondering if anybody had any views / advice on our particular problem.
I'm a small landlord / buy to let for about 10 years.
Back in April 2011 we decided to move letting agent to a more local company. We were between tenants and free to do so. The office manager (we liked her professionalism) said that they had a good tenant, would we stay. We said no as we didn't want to be tied to an agent 10 miles away when we had one we knew on our doorstep, also we didn't want any prospective tenant to have to travel that distance. She volunteered that as long as we remained with them for a year there would be no service fee on leaving. We agreed. A couple of weeks later that office closed, she was laid off and our business was transferred (from Bearsted to Gillingham) 20 miles further away, we are in Lenham.
January onwards this letting agent has refused to accept the earlier agreement, though at no point have they denied it was made. They won't speak to the previous manager and in April 2012 created an invoice for the service fee which we refused to pay then sent it to a debt collectors who are now threatening us with escalating charges
During this period, January, they breached their own contract that they in turn claim we must follow to the letter (significantly delayed paying our rent).
The amount is £400 I am happy to go to court, I assume it will be the small claims track, I also assume we can request they bring their ex-manager? Also, I'm not sure if referring this to a debt collector (FCC Paragon) is at all correct as this is a business dispute?
I'm a small landlord / buy to let for about 10 years.
Back in April 2011 we decided to move letting agent to a more local company. We were between tenants and free to do so. The office manager (we liked her professionalism) said that they had a good tenant, would we stay. We said no as we didn't want to be tied to an agent 10 miles away when we had one we knew on our doorstep, also we didn't want any prospective tenant to have to travel that distance. She volunteered that as long as we remained with them for a year there would be no service fee on leaving. We agreed. A couple of weeks later that office closed, she was laid off and our business was transferred (from Bearsted to Gillingham) 20 miles further away, we are in Lenham.
January onwards this letting agent has refused to accept the earlier agreement, though at no point have they denied it was made. They won't speak to the previous manager and in April 2012 created an invoice for the service fee which we refused to pay then sent it to a debt collectors who are now threatening us with escalating charges
During this period, January, they breached their own contract that they in turn claim we must follow to the letter (significantly delayed paying our rent).
The amount is £400 I am happy to go to court, I assume it will be the small claims track, I also assume we can request they bring their ex-manager? Also, I'm not sure if referring this to a debt collector (FCC Paragon) is at all correct as this is a business dispute?
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Comments
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Do you have the previous agent's offer to waive their fee, in writing?You wanna hear about my new obsession?
I'm riding high upon a deep recession...0 -
Hi Zorz
Unfortunately not. We had used this particular office for about three years and had grown to trust the manager, I have no doubt that had she still been there the agreement would have been honoured.0 -
Hi Zorz
Unfortunately not. We had used this particular office for about three years and had grown to trust the manager, I have no doubt that had she still been there the agreement would have been honoured.
on reading your original post , it seems that the manager you trusted has scammed you - presumably she would have known about the re-organisation that was happening in just a couple of weeks time! (presumably why she made such a generous offer?)0 -
Hi DRP
I think the office closure was as much a surprise to her as us. In particular as she was laid off.0 -
Before you let it go to court, be sure that you will win. You can certainly request that they bring their former manager - whether you can force this is another matter. Personally, I would not take on one like this unless I could myself locate the former manager and ascertain that she would back me upHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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We are looking for previous manager. They aren't on bt but looks like they are on 192.com so I'll register and get an address. Also I'm booking a chat with our local solicitor to better understand the impact of their breach of contract. I'll make a point of following this up on here with the results of the court or that they have walked away from it.
I had to take a letting agent in Maidstone to court to get my tenant's deposit paid back to them, before the deposit scheme. That got as far as the day before the court hearing when I got a cheque for the deposit and all costs in the post. Would much rather have gone to court!0 -
You aready look like the kind of landlord who wont be bullied by letting agents so please make sure you can win the fight!
Unfair terms & Conditions?
If you can get a written statement from the former manager at the now closed branch this will help in court.
Better still if she was in court with you0 -
Thank heavens for the wonders of 192.com (no this isn't a plug, I had to pay the £12). Found the former manager who has said that she will support us! We were right to trust her.
Can I say which company?0 -
Win your case [or get them to back down] and name the company at that time. I suggest you edit your posts to remove geographical locations, as your agent will almost certainly be able to identify you.Thank heavens for the wonders of 192.com (no this isn't a plug, I had to pay the £12). Found the former manager who has said that she will support us! We were right to trust her.
Can I say which company?
Good luck with getting them to back down. Hopefully this can be done without going to court.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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