Help with disputing Estate Agent's final bill

su51_2

canaldumidi said:

Telephone ranting is pointless. If you want to pursue the complaint and non-payment, then

1) do it in writing

2) list each error/failure by them concisely (your OP is far too long - use bullet points with one brief sentence each.

Have you checked their website for their complaints procedure? Have you followed it?

You've mentioned an 'area manager' and 'area office' - is there also a national Head Office?

Have you checked which ombudsman scheme they belong to

* The Property Ombudsman
* Property Redress Scheme

an have you read the relevat ombudsman's Code of Conduct to compare against their actions?

They are with the property ombudsman am looking at that atm, doubt they wont have fallen foul of it. There is a Head Office aand they havent got a formal complaints proc. except for ico stuff but anything else is just to comtact a manager   Thanks very much will do the bullet points thing. Should l hold off on psyimg a chunk of it off till l have done so or does it not make any difference and also am l entitled to a copy of the primtout he was reading from detailing calls.  he actually said the woman who was particularly rude to me the EA s have 'parted company' with but obv. wouldn't comment why but did follow up with  '  we've parted company only have the best in my offices'    

brianposter

There is no reason to pay at the moment. Your telephone bill is significant evidence.

Their telephone bill might also be interesting. 

canaldumidi

su51_2 said:

canaldumidi said:

Telephone ranting is pointless. If you want to pursue the complaint and non-payment, then

1) do it in writing

2) list each error/failure by them concisely (your OP is far too long - use bullet points with one brief sentence each.

Have you checked their website for their complaints procedure? Have you followed it?

You've mentioned an 'area manager' and 'area office' - is there also a national Head Office?

Have you checked which ombudsman scheme they belong to

* The Property Ombudsman
* Property Redress Scheme

an have you read the relevat ombudsman's Code of Conduct to compare against their actions?

They are with the property ombudsman am looking at that atm, doubt they wont have fallen foul of it. There is a Head Office aand they havent got a formal complaints proc. except for ico stuff but anything else is just to comtact a manager 

Property Ombudsman Code of Practice:

In-house Complaints Handling
14a You must maintain and operate an in-house complaints procedure. Such procedures
must be in writing; explain how to complain to your business and to the Ombudsman;
be readily available in each office and on your website; and be available for inspection
by the Ombudsman and/or TPO Limited.

su51_2

canaldumidi said:

su51_2 said:

canaldumidi said:

Telephone ranting is pointless. If you want to pursue the complaint and non-payment, then

1) do it in writing

2) list each error/failure by them concisely (your OP is far too long - use bullet points with one brief sentence each.

Have you checked their website for their complaints procedure? Have you followed it?

You've mentioned an 'area manager' and 'area office' - is there also a national Head Office?

Have you checked which ombudsman scheme they belong to

* The Property Ombudsman
* Property Redress Scheme

an have you read the relevat ombudsman's Code of Conduct to compare against their actions?

They are with the property ombudsman am looking at that atm, doubt they wont have fallen foul of it. There is a Head Office aand they havent got a formal complaints proc. except for ico stuff but anything else is just to comtact a manager 

Property Ombudsman Code of Practice:

In-house Complaints Handling
14a You must maintain and operate an in-house complaints procedure. Such procedures
must be in writing; explain how to complain to your business and to the Ombudsman;
be readily available in each office and on your website; and be available for inspection
by the Ombudsman and/or TPO Limited.

ooh interesting looks like that can be one of my bullet points about their poor service wrt falling short of their ombudsman standards

am l entitled have a copy of the calls printout summary/log that area manager was obv. reading from under Data Access and is there a template letter for this or should l just ask for it, It would be useful compiling my complaint bullet points 

su51_2

brianposter said:

There is no reason to pay at the moment. Your telephone bill is significant evidence.

Their telephone bill might also be interesting. 

Thank you yes and l have a call recorder app so l'm sure l can at least verify my side of the calls without breaking any privacy rules, l want to ask for the calls printout he was obv. reading from with summaries of the calls contents but not sure if l can /under what wording etc

su51_2

Have to go to work soon so sorry if don't reply to anyone till tomo but thank you everyone

TheJP

su51_2 said:

brianposter said:

There is no reason to pay at the moment. Your telephone bill is significant evidence.

Their telephone bill might also be interesting. 

Thank you yes and l have a call recorder app so l'm sure l can at least verify my side of the calls without breaking any privacy rules, l want to ask for the calls printout he was obv. reading from with summaries of the calls contents but not sure if l can /under what wording etc

Unless you told the person on the other line that you were recording the call then yes you broke privacy rules and it cant be used as 'evidence'. Apart from the alleged coffee spill im not sure what they did wrong to warrant all of this.

user1977

TheJP said:

su51_2 said:

brianposter said:

There is no reason to pay at the moment. Your telephone bill is significant evidence.

Their telephone bill might also be interesting. 

Thank you yes and l have a call recorder app so l'm sure l can at least verify my side of the calls without breaking any privacy rules, l want to ask for the calls printout he was obv. reading from with summaries of the calls contents but not sure if l can /under what wording etc

Unless you told the person on the other line that you were recording the call then yes you broke privacy rules and it cant be used as 'evidence'. Apart from the alleged coffee spill im not sure what they did wrong to warrant all of this.

There's no "privacy rule" which requires you to tell the other party you're recording a call, if you're making the call as a private individual. I think whether you can use the recording itself as evidence may be a grey area, but you can certainly say e.g. this is the transcript you've made from your recording of the call.

TheJP

user1977 said:

TheJP said:

su51_2 said:

brianposter said:

There is no reason to pay at the moment. Your telephone bill is significant evidence.

Their telephone bill might also be interesting. 

Thank you yes and l have a call recorder app so l'm sure l can at least verify my side of the calls without breaking any privacy rules, l want to ask for the calls printout he was obv. reading from with summaries of the calls contents but not sure if l can /under what wording etc

Unless you told the person on the other line that you were recording the call then yes you broke privacy rules and it cant be used as 'evidence'. Apart from the alleged coffee spill im not sure what they did wrong to warrant all of this.

There's no "privacy rule" which requires you to tell the other party you're recording a call, if you're making the call as a private individual. I think whether you can use the recording itself as evidence may be a grey area, but you can certainly say e.g. this is the transcript you've made from your recording of the call.

Yes you are right about it being legal to record without consent (learnt something new) however from a quick bit of research the OP would have to get consent to share the call or transcripts of the conversation before sharing with anyone etc. 

Mutton_Geoff

Presumably you signed a contract with the agent to pay their fee and what it was based on? (Percentage of sale price plus VAT) and what it included (Rightmove listing etc). There will be no clause in there for performance related fee adjustments so like it or not, I don't think you are going to get very far.