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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was asked to fill in a questionnaire concerning industrial

Resolved Question:

I was asked to fill in a questionnaire concerning industrial property effected by the HS2 scheme. the forms said that I should seek legal advice if I did not understand the questions. I got my agent to fill in the forms and he has charged me for the work. The hs2 scheme have now told me they do not need my land and are refusing to pay my agents fees.

Are thery right in refusing to pay.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much are the fees please?
Customer:

The fees are £1,800 which was to assist 17 small business's in filling in the forms as most tenants were foreign and did not understand the English language very well. The agent also continued to advise them of the impact of having there property demolished to make way for the high speed train from London to Birmingham. After 18 months the Ministry of transport decided they had made a mistake and did not want the property.

Customer:

The 17 small business's are my tenants as I own the buildings. We are not claiming for our own time or for any interest even though the payment to the agent was made last year. We just want the agents fees paid. The agent is an estate surveyor business involved in commercial property and they have only charged us a nominal fee because the compulsory purchase has been cancelled by the Ministry of Transport and they felt sorry for us. All the tenants have been put through a very stressful time not knowing if they would be able to continue with there business. Thanks for your help. James

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : You had a legitimate expectation that the property would be bought and fees paid.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Many thanks ALex
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