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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been sent a claims form from the county court business

Resolved Question:

I have been sent a claims form from the county court business centre for a invoice I am disputing. I believe the amount being asked is not in line with the service I received and counter suggested a reduce fee.
should I pay what I believe is fair and go to court for the balance? if so is the interest accumulating only on the remaining amount should I lose.
please note this is with an estate agent, who did an introduction, the couple only came back 2 months later and we eventually found a deal, the estate agent heard this and I told him I was happy to pay the fees. however after that I received no information or help, not a call. the whole process was done by me, over 50 emails , many calls as the sale was not straight forward. at the end he sent an invoice for the full amount. I responded with that according to his service promise backed up with his marketing materials and online promise, he did not help from the moment of solicitors being appointed until the completion -his promise is clear, to offer after sales service to support until exchange - do estate agents have clear mandate to invoice on part of the service promised, they say this is clear in the terms, but what about all the promises by the salesman in the first instance
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You can make a partial admission - that is the value you accept.

Alex Watts :

As for the part you do not accept, you need to put this in the defence as to why you do not accept the full amount,.

Alex Watts :

The defence will be sent to the Claimant who can decide whether to proceed on the full amount.

Alex Watts :

If the disputed is £10,000 or below it would be a small claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thanks Alex,

Alex Watts :

Happy to help - please do remember to rate my answer before you go today

Customer:

estate agency told me that they are not held by the goods and services, for which I thought I could use as the basis for unsatisfactory service - he said the contract is outside this law?

Customer:

good and services act - sorry!

Customer:

the amount is £10,200 and the form says it is another £410 in court fees that they claim. finally to my question, should I pay part to him now to avoid full interest charges if I loss, or I could end up with a bigger bill

Customer:

I had some further questions, are you available for those?

Alex Watts :

Ok, make sure you keep the substantive claim, excluding interest and Court fees below £10,000

Alex Watts :

If its related to the same question I can help yes.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

I don't understand your answer, sorry, how do I keep the claim being made to me from interest and court fees below 10k?

Alex Watts :

They would still be bound by contract law.

Alex Watts :

They are also bound by Section 13 of the Sale and Supply Goods Services Act 1982

Alex Watts :

But when it comes to allocation - after the defence is filed, keep the disputed amount at £10,000 or below. The form will ask you

Alex Watts :

Does that clarify?

Customer:

yes thanks - I will now rate

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