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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Dear Sir or Madam, I have a problem with a Company called

Customer Question

Dear Sir or Madam,
I have a problem with a Company called RTA Business Sales, earlier on in the year I had a visit from a rep from RTA and we decided to sell the business using them.
Two days later I cancelled the contract, and I have been told that in order for me to cancel I have to pay them £3000 or Court action.
I've tried to mediate with them and yesterday received a Judgement from Northampton Court stating I owe them £3095.
the initial fee they requested was £900 which I was a bit sceptic about the Gentleman who came to see me I could pay by giving him a post dated cheque and he would not be sending in the paperwork till the end of the week, I opted to cancel as I checked online and found that this Company do nothing for business sales and if the business has not sold in a year expect you to pay more money or pay a get out fee.
I'm annoyed that I have not been heard at Court, as paperwork was sent over to the Court stating that I wanted to mediate this matter and now I have been given a judgement to which I have not had the chance to tell the Judge what this Company is like.
Can anyone please help.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
Good morning Jo, thank you for getting back to me, what I would like to know is what I can do in order to set aside this Judgement as I have not had a chance to state my argument to the Court.
RTA are stating that they do not have a cooling of period, I cancelled within 2 days and heard nothing until a letter arrived demanding I pay them £3000 for cancelling, I'm sorry but we are not made out of money and if you look online at issues RTA Business has caused for 100s of poor innocent people in taking money for doing nothing.
We cannot afford this charge and I wish to get my argument across if possible without a CCJ.
Expert:  Jo C. replied 3 years ago.
Thanks for the information

Don't worry about what RTA say. They are not a proper source of legal advice.

Dealing with first things first, you need to apply to set this judgment aside on the basis that you didnt get the summons. Shouldn't be a problem. You do have a valid defence. Judgments in default are often set aside.

That is not dispositive of the claim entirely. It will just revert back to the issue of the summons. On the substantive point, there may well not have been a cooling off agreement. You are a business so the DSR would not apply automatically and anyway this is an agreement rather than a sale. However, they only have a claim for the sum of their loss which is very unlikely to amount to £3095. Its probably just a lost profits claim which isnt going to be that amount.

You can set aside judgment by following this guide

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Hope this helps. Please let me know if you need any more information.

Jo

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola