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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a Commercial Rates review company approach me to say

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I had a Commercial Rates review company approach me to say they can save me maney and back date it. They have saved me money and the council has refunded £4000 but I have an invoice for 50% commission + VAT from the company and on inpection of the forms I have not signed the box or printed my name where it has been hand written 50% commission, this was not mentioned at the time of meeting and I have not signed it, my manager was asked to sign as it did not matter who signed just needed to proceed to see if monies could be saved the commission bit has been added after.
I have explained many times on telephone that the commission is too high now they have sent a ccmcc ( county court hearing)
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello are you positive that this part was not in the contract when you agreed to it?
Customer: replied 2 years ago.

there was no mention of the amount of commission to be charged only a meeting that was arranged for the CVS guy to look at the warehouse to see if we had a case for a rate rebate.

The guy said just sign this anyone can sign just need to sign so I can proceed. No one was told how much this would cost other than they would be in touch to see if thay had a case which they telephoned to say there was a case for a rate rebate and this can be back dated for 5 years.

I now have from them an invoice for 50% commission for last 5 years and all future savings.

Expert:  Jo C. replied 2 years ago.
I'm not sure this is my area so I will opt out for others.
Customer: replied 2 years ago.

Hi

not sure where we are going with this ?

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I shall wait for an answer.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What does the contract say about fees or charges please?
Customer: replied 2 years ago.

on the rating agreement form there is client details.

my name has been written by the cvs guy. position proprietor. we are a partnership for a start. it then says the address is unit 1& 2 Bridgton house we are unit 4 Tonbridge works but the council have this address on rating valuation.

there is a small box that says proposal to alter the rating list

cvs will charge a fee for the service the fee will be nil for the survey and valuation and a commission of 50% of any savings in rates payable however achieved up to and including the year of the settlement, and thereafter for each succeeding year until the end of the rating period, or which are achieved in relation to any preceding or succeeding rating list as a direct result of cvs action.

the fee structure applies to all rating instructions and all other work carried out by us under this agreement.

the 50% was added after.

the instruction to proceed has been filled in by the cvs guy it does not have my writing on it but does have my signature the name position has been added after this was indicated that just need to sign here to see if they have a case.

the fee structure has been signed by a work collegue as the words used by the cvs guy doesn't matter who signs.

I was not aware of 50% commission at any time the guy did not mention it verbally or it was written on any papers.

Expert:  Ash replied 2 years ago.
Was there any reference to charges when you signed please?
Alex
Customer: replied 2 years ago.

There was not any reference to charges at all

Expert:  Ash replied 2 years ago.
Ok, then if you did not sign it and charges were not discussed all they can charge is a reasonable fee. What is reasonable is a matter for a judge.
But based on that then you are not liable for 50% but they will be entitled to a reasonable fee for reasonable work done.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

so what shall I do about the County Court claim form in which cvs say .

Breach of contract in respect of a conditional fee agreement for a reduction in the defendant business rates.

all paprework I have received are photocopies and have not been registered post.

Expert:  Ash replied 2 years ago.
You need to file a defence putting them to proof, saying you didn't agree and spell out what terms you did agree to.
It makes no difference that it's not sent registered post.
Does that help?
Alex
Customer: replied 2 years ago.

there were no terms discussed it was let see what we can do about reducing the rateable value of the building

Expert:  Ash replied 2 years ago.
Indeed. This is what you put in the defence. By adding terms after is not allowed and fraud.
Alex
Customer: replied 2 years ago.

just reading the particulars of claim.

it was an express term of the agreement that the claimant would charge a fee of £nil for the survey and valuation and a commission of 50% of the savings in rates payable for any reduction obtained in the rateable value for the defendants premises up to and including the year of settlement and thereafter for each financial year within the rating period

Expert:  Ash replied 2 years ago.
Ok. Then you can deny this was a term.
Alex
Expert:  Ash replied 2 years ago.
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/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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