Okay, let's do this in two parts.
Under the Consumer Protection (Distance Selling)
Regulations 2000 http://www.google.co.uk/url?s a=t&rct=j&q=Distance+selling+regulations&source=web&cd=1&cad=rja&ved=0CC8QFjAA&url=http%3A%2F%2Fwww.legislation.gov.uk%2Fuksi%2F2000%2F2334%2Fcontents%2Fmade&ei=ZcMCUdfWJ8qV0QXitIAI&usg=AFQjCNGLWoo4Zu9YYYleiD9Oe_8_T2TIzA&bvm=bv.41524429,d.d2k
any contract, which is largely negotiated off
the trade premises whether signed up on the trade premises or not, you can
cancel within seven days of making the agreement or receiving the paperwork,
whichever is the latter.
If you never received any paperwork, then
legally, you can cancel the agreement now.
However, expect the agent to dispute that and
to tell you that it was sent, and you are being economical with the truth.
They must advise you of your cancellation
rights which they appear not to have done. That helps you.
What does not help you on the other hand, is
that your right to cancel comes to an end when the service begins. Here is some
ITV will have a reasonable argument that they
did not tell you of your right to cancel. It might be worthwhile asking them
for a copy of the agreement you signed before mentioning this to see if the
right to cancel is in there.
They have to give your copy of the agreement
It is not in there, you have a good argument
that they are in breach of statutory duty and therefore the agreement is
There is a rule in law which says that if you
have signed an agreement you agree to the contents even if you do not
understand it or do not read it.
It would be for a judge to decide the issue.
The other thing is that there is no doubt the
agent, provided some service and are therefore may be entitled to payment on a
quantum meruit basis.
With regard to the payment of the fee,
notwithstanding the timescale. The fact remains that the agent introduced you
to the buyer and to my mind, the agent is probably due his fee (notwithstanding
what I said earlier).
However, I'm sure that neither you nor the
agent wants to go to court and the agent did, after all, introduced the buyer
to you. So you might want to come to an accommodation with the agent.
In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments. They may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.
So consider deciding how much you would like
to pay the (you need to make it attractive enough) and send it with a covering
letter headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
Tell them in the letter that you are offering
this money in full and final settlement of all claims against you, past,
present and future, and that by cashing it they accept it as such. Tell them
that if they do not accept it, they should return the cheque to you and if they
issue legal proceedings, you will defend them on the basis of A, B, C, whatever.
Tell them that if they do not understand the
significance of the letter. They should take independent legal advice.
I can tell you this approach works nine times
out of 10, provided the offer is reasonable and not derisory.
For legal reasons which I will not bore you
with but which go back several hundred years, the cheque must not come from
you, but was come from a third party, friend, relative, solicitor, our
accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.
Can I help further? Please don't forget to
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The thread remains open. Thanks