Commission due on sale of property

Kieran_Kelly

We are being taken to Court in December regarding a dispute with an Estate Agent and their agency comission. Should we lose and are ordered to pay... what happens next? If we cannot pay outright and have to pay in installments how is this worked out with the court? Do they have access to our bank accounts or can they do a search? Do they require proof of earning etc? In other words how is it decided and enforced?

Thank You for any help that can be offered :money:
Kieran

Winkle1908

Your poll shows the outcomes but you dont state the reasons as to why you are being taken to court. You will need to outline this to allow people to choose.

If the EA's are taking you to court they must be fairly confident that there is a case and that they could win.

Davesnave

How is this a poll?

Anyone voting for anything ought to be in possession of facts in order to make a judgement, but there don't seem to be many here!

lincroft1710

Need more details about the circumstances of the sale in order to vote.

roger196

If you want an intelligent response, you will need to post a copy of the contract you have with the EA, your case as submitted to the court and a copy of the EA's case submitted to the court. Hopefully you have all this in writing.
Court cases are unpredictable as much depends on the skill of the advocates and the credibility of any witnesses.
Please be aware that the EA is likley to be reading this forum, so will be aware of all comments. You will need to delete any identifying information.

cajef

How can you ask if you have a chance of winning without giving any details of why they are taking you to court?

Kieran_Kelly

Thanks all- Am new to this!! We have a case prepared with a Solicitor but the question was not about that, it was about what happens if we lose and how the Judge decides payment will be made at that point as stated in the post!!?
Any responses that could help would be welcomed, Thanks

Kieran_Kelly

Davesnave wrote: »

How is this a poll?

Anyone voting for anything ought to be in possession of facts in order to make a judgement, but there don't seem to be many here!

Thanks, realise this, am trying to find how to take down poll!!

anselld

If you lose and do not pay you will receive a CCJ.
The EA will then have these means available to enforce the CCJ against you.
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

ILW

Kieran_Kelly wrote: »

Thanks all- Am new to this!! We have a case prepared with a Solicitor but the question was not about that, it was about what happens if we lose and how the Judge decides payment will be made at that point as stated in the post!!?
Any responses that could help would be welcomed, Thanks

If an award is made against you, immediate payment will be expected unless you can prove that you do not have the funds.

Fire_Fox

You won't win

Welcome! This is not the right board for County Court Judgement queries, run an advanced search on the Debt Free Wannabe board.

If you get a CCJ and settle in full within a month IIRC you can get away with no mark on your credit file. Note that CCJs stay on your file for six years AFTER they are settled, and will affect your ability to get mortgages, loans or even rent property for all that time! If you do not settle in full you either have to pay in full if you have the funds, if you cannot pay in full YOU must prove this to the court. You may then be able to pay by installments or the money recovered in another way such as a charge against your property. Why aren't you asking your solicitor these questions?