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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, I think this is a question under the general Legal

Resolved Question:

Hello, I think this is a question under the general 'Legal' section although it was initiated by a property related issue.... On 23/12/13 a solicitor acting on behalf of an Estate Agent stating that 'unless we receive payment in full in the sum of £6000.00 within 14 days of the date of this letter we hold our clients instructions to issue proceedings in the County Court against you without further notice.'
I replied to the letter basically challenging the claim for estate agent's commission fee (which is a different subject!) in early January, and requested that they 'confirm that there is no justifiable entitlement to commission relating to this sale- and that no further action will be taken.'
7 weeks have passed since this reply was sent to the solicitor, and no reply has been received, so I do not know what the status is. I don't like having a £6000 threat hanging over my head- but have no idea whether there is a time limit for them to initiate actions if they choose to do so. Can you advise please?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.


Such letters are very common and if you are genuinely disputing the amount payable, then you do not need to worry.

If the commission is not owed as claimed, then you may defend any court claim brought by the estate agent. I would just ignore the solicitor's letter but as you said you wish to have certainty, you may call the solicitors and ask for an update or write another letter to them asking for an update and give them say 5 days to reply to you failing which you will assume that the demand was without merit in the first place and that their client will not be pursuing the matter further.


The limitation period for breach of contract claims is 6 years from the date of the breach or the date on which the obligation to pay arose.

Hope this helps

Customer: replied 2 years ago.

Thanks for that.

Like I said, I pointed out the errors in their claim- and hopefully I would be proved right if they did pursue the matter in court. That said, the only way I could be certain that there was no possibility of having to pay out the £6000, is by knowing that they have dropped the claim- or 'run out of time' to submit the claim to County Court

I think you are saying that they have 6 years to submit, and I really don't want that nagging doubt to last that long!

If I was to ask for an update and they provided confirmation that the case would not be pursued, this sounds ideal. However if they do not reply (again), would the fact that I had stated that I would assume their client would not be pursuing the matter further mean anything if they decided to 'reactivate' next year for example?

Expert:  UKSolicitorJA replied 2 years ago.
Your assumption would not defeat their claim if they brought it before the limitation period expired but it may spur them to give you a definitive response.

If they said that the matter was closed that would be good.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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