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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Alex, Last year I paid Ward and Co £10,000 to cover fees associated with finding a pro

Customer Question

Hi Alex,
Last year I paid Ward and Co £10,000 to cover fees associated with finding a property and all legal fees associated with the purchase and mortgage eyc. I signed an agreement based on a particular financial profile presented which is reality did not materialise. In trying to obtain a refund, I was told the agreement i signed did not entitle me to a refund only an opportunity with another property - but again the financial profile presented required further investment.
I am not sure how to get me money back?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you agree that the agreement did not allow for a refund?
Customer: replied 1 year ago.
Yes I do
Customer: replied 1 year ago.
But I would not have signed the agreement based on the final financial case presented to me and the fees requested were at different timings associated with the initial proposal
Customer: replied 1 year ago.
Do you require any further information?
Expert:  Ben Jones replied 1 year ago.
So do you believe that the company has acted in breach of the initial agreement?
Customer: replied 1 year ago.
I believe that the initial financial illustration that was presented to me was inaccurate and misleading and led me to believe that my financial outlay would be covered by payments from me and 'cashback' from the developer, such that the timing would allow me to purchase the property without any further outlay above the £10k
Expert:  Ben Jones replied 1 year ago.
Obviously the specifics of what was agreed will be beyond what I can help with on here as it will likely involve a lot of detail and additional documentation so I will not be able to say with any degree of certainty whether you can argue that they have not adhered to the original agreement you had with them. However, I see that you do have grounds which you can bring up to try and argue that to be the case and could use it in your negotiations with the other party. If they do not wish to negotiate or to agree to refund you the money then you realistically only have one option and that is to go to the small claims court. Before you consider that route I would strongly suggest you go through the full complaints procedure that may be available to you as a customer of that company and use it to its full completion. If that has not helped resolve the issues and get you a refund then you can consider the small claims route, which would be a relatively risk-free option as even if you lose you would not have to pay for the other side’s legal costs. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further to a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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