Estate agent taking me to court

G_M

Anyway he has now sent a letter to my solicitor that I used to sell the house at their office address serving rites on me to take me to court.

Please clarify:
* this letter came from the estate agent? Ignore it.
* this letter came from the court? You need to enter a defense against the claim and submit it to the court. You need help with your defense as your post above is no nearly clear enough

From what you say the estate agent is unlikely to win in court, but

*it depends on very specific facts (which are not clear enough in your post
* how the EA words his claim
* what evidence the EA submits
* how clear your defense is

SmashedAvacado

The OP has said there was no written contract. On that basis (and on the assumption that there was nothing that could be shown to be a contract - ie an exchange of emails confirming instruction, or a record of a phone call confirming instruction) then then it were me, I would write back confirming that there was no contract (whether written or oral) and if they continued to persist with such vexatious claims that i would be instructing my solicitor to take action against them (and within that action i would be seeking compensation for the trespass caused by him entering my land and affixing a sign-board thereon, including additionally the distress being caused by such harassment) and ensure that such action was followed by appropriate publicity and a discussion with the local trading standards and the relevant ombudsman.

Squirtle17

Irishjenn wrote: »

The estate agent then kept calling me acting as if he was selling my house, I told him to back off but still he key calling talking a load of n crap and trying to be pushy, and encouraging me to use his solicitor, he also give out my details to the solicitor and when they contacted me I told them I wouldn't be using them as I have my own solicitor.

I'm far from an expert but I'm pretty sure the estate agent has breached GDPR legislation by passing your personal details to another organisation without your consent.

hazyjo

Irishjenn wrote: »

Long story short the house sale went through and the agent then called me looking for money for his fees.

I need clarification with this 'long story short' bit. Were you the only point of contact for the buyer or was he dealing with the EA? I had loads of dealings with the EA I bought through, and know my buyer dealt loads with mine.


Or was it literally just you and your buyer in communication?

Comms69

Squirtle17 wrote: »

I'm far from an expert but I'm pretty sure the estate agent has breached GDPR legislation by passing your personal details to another organisation without your consent.

This could be before GDPR was implemented. And would largely depend on what if anything the agent claims was agreed

Irishjenn

I received a letter from the small claims court to say the estate agent was taking me to court for his earnings. The letter was actually posted to me by my solicitor because the estate agent didn't know my address so the ea sent a small claim application form to the courts who then sent it to my solicitor that I used to sell my house.

Irishjenn

I was the only point of contact, the friend that bought my house had no dealings with the ea

Irishjenn

He sent a small claims application to the courts

Irishjenn

I've never seen any Contract nor an email, there has been no correspondence apart from a telephone call when I called the agent to enquire about his services, I then dropped the keys to his office and give them to the receptionist, he then called me saying he would be keen to sell the house but before he proceeded with any work I would have to pay a deposit of £200, in that same telephone conversation I told him a friend was coming to view the property the following evening, the following evening I went to my property to meet my friend and the for sale sign was up, I then did actually agree a sale with the friend and the next day I phoned the agent to tell him my house was now sold, at this point he tried to talk me out of selling it and had been a nuisance ever since. The past few days I received a letter from the courts to say the agent was taking me to court for his earnings. So in short there was no contract, no deposit paid by me, no emails or letters from the ea to me regarding his contract, terms of business, costs etc there has been absolutely nothing. The ea didn't introduce the buyer to me, the ea did nothing for me apart from rush to my house to erect his board in the space of a day even though he specifically told me before he would proceed I had to pay a deposit. I honestly think when I told him I had a friend coming to view my house he deliberately rushed to the house to put the board up to hook me in.

todayisagreatday

You say you dropped your keys in - this suggests you had instructed the agent? Why would you drop the keys in if you had no intentions of using the agent?