Another Yopa No Sale No Fee

lancred

Hi all.

A quick one in short. Decided to use Yopa last year to sell our property, but no facing a £1499 fee for no property being sold. We took it off the market after six months. I met the agent and discussed the options etc. I asked about using my own conveyancer and a no sale, no fee option. My mind was at ease that listing with them it would pretty simple and should we not sell then there would be no fee due unless we pulled the property within sixteen weeks.

I have messages between myself and the agent before we instructed asking about the options and he advising me that if I chose a particular option he would waive the conveyancing fees etc. The steer seemed to be from the agent I had to pick this particular option on the website to allow this happen. He advised I would receive emails, but to ignore. I also have it on SMS message myself asking about if that particular option is NSNF unless we remove within sixteen weeks, his reply is a simple yes. The message then move on advising that if we press ahead then the listing can go live that week.

Im 100% sure that i've been misled here. Yopa are throwing the T&C's at me, which do seem clear there is a fee to pay, but in verbal and SMS the agent advised NSNF.

I have a number of other issues with their service ie photo's advising they would be re-taken, missed viewings by the agent and poor communication towards the end before we pulled the house from sale.

I have raised with their complaints which was quite a lengthy doc with all the messages between groups chat and myself with the agent. Yopa have now offered £175 off the fee.

Obvs the next step is TPO. Im assuming Yopa will attempt to take the fee considering no resolution has been agreed or can they do that if I have advised that im taking the case to TPO?

Any further advice? Do I have a case?

RHemmings

Since you have the messages from the agent and yourself in a written form (including emails/texts/etc.) then that may support a complaint to TPOS. In many cases, TPOS will ask to see communication between the EA and the customer, and those are often quoted when TPO gives their reasoning for a decision. There are many case studies on TPO's website, which you can look at which will give you an idea of how things work. 

When you say that you have complained to Yopa, have you done so through their official complaints procedure as per their website? https://www.yopa.co.uk/complaints/ I'm guessing that you will have done. If so, and you are unhappy with the result, then you should be ready for a complaint to the ombudsman. 

As a random person on the internet, it looks to me as if you have a case based on what you write. My main concern is if everything from the agent had been verbal and you had then ignored the emails etc. But, it seems above that you have enough in writing, for a complaint. 

You need to do that before courts are involved. TPOS generally do not get involved once the courts are. 

lancred

Thanks for the reply. I spoke to TPO this morning and they advised that I should have a case based on the evidence I have. However, YOPA have took the full fee literally as I type this....the TPO did say that they may do this still and its at my discretion wether to attempt to block (have no funds in the account etc). Personally I didnt want to do this as may lead to collection agency letters/CCJ's. I suppose I now have a fight on to get whats rightfully mine

RHemmings

If you had no funds in the account, then Yopa may then sue. (Though, that would take time.) And then TPOS would most likely not want to get involved. 

I can't see any major downside to you of making a complaint through TPOS given your situation. 

I *believe* that Yopa is a big enough company that they won't try to ignore any decisions of TPOS, etc. 

lancred

Ive asked YOPA to refund the funds taken. They have advised that they closed the case three days ago despite me asking a couple of other questions. I did say I was likely to raise with TPO. On their final decision letter it states You have 7 days from the date of this letter to settle these fees

The have taken the £1499 fee after three days which has provided insufficient time for me to make a final decision. They seem to make the rules up as they go along!

ChirpyChicken

How did the take fees.
Charge back etc if a card

lancred

ChirpyChicken said:

How did the take fees.
Charge back etc if a card

I used a debit card during the sign up, again I was advised to just use one to expedite the system by the YA. I expected the fees to be taken as part of the solicitor (as normal) should the property have sold. 

I spoke with the bank and as I expected nothing they could do as I used this method.