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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We sold our house in July 2014 through an agent that we had

Resolved Question:

We sold our house in July 2014 through an agent that we had been letting the house through also. We did sign a contract with them. However, there was a shortfall in their monies owed to them, ie £2000; their fees were £3,500 plus VAT. Our solicitor who dealt with the sale stated to us that "had they acted quickly enough, then perhaps there would not have been that shortfall as there would have been enough funds to cover". Each time we phoned them, no one could answer our questions. Also, when letting our property, when we came to see it prior to being sold, the tenants had ripped out bedroom wardrobes without our permission as well as putting holes in to walls and double glazing that was only five years old; we had made a written complaint but this has been ignored. The agent in question decided to submit a CCJ against us in December 2014 and after we had to move out of rental accommodation due to no central heating in the winter months. We never did not receive this CCJ and if we had of done, then we would have had no hesitation in completing the form along with our financial details and to offer a token/monthly payment to clear the debt. Two weeks ago we had the Bailiffs at our door demanding the money along with their fees of £700 added to the monies owed to the selling agent. We were distraught at this visit as you can understand as the agents have not tried to call us or written to us, we only got to know about the CCJ via us contacting them about the Bailiffs. We are at our wits end, we are in rental accommodation and have no savings and both working six days a week to cover bills and other debts. We are intending to seek legal advice from a solicitor locally but wonder whether this will be the best thing to do to help us and not be a waste of money. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You need to apply to set aside the ccj as soon as possible. You need to complete form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The court will list it for a hearing and decide whether to set aside. You need to show you have a realistic defence and that is why it should be set aside. There is also a court fee of £155
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you Alex. Do we need to let the Bailiffs know of what we are doing, and in case they turn up on our doorstep again. We let the estate agents know that we were contacting a solicitor in this regard, albeit a local solicitor.

Expert:  Ash replied 2 years ago.
Yes. Get a copy of the sealed application from the court and let the bailiff know. There is no need to get a local solicitor as that will cost £200 an hour.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex