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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently completed on a property sale in York my solicitor

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I recently completed on a property sale in York my solicitor paid what was due. However the estate agents are chasing for vat stating it was not paid however an email sent stating the total amount by one of agents stated including vat.
according to the contract the the commission is 1.50 however the final requested amount was based on 1.25 hence the error. I am being taken to court do i have a strong case for a defense. I have already paid what was requested, the error was made by the estate agent, can they chase up the outstanding amount?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is the amount being claimed please?Alex
Customer: replied 1 year ago.
*****costs
Expert:  Ash replied 1 year ago.
Ok, in any event it would be a small claim.But based on the fact you paid what was asked, as they are professionals you can not be held liable for any fault or short payment.They are the ones that do this for a business, not you. Therefore if they made a mistake, its their own fault.They made representations, you relied on them and as such they are 'estopped' from seeking further sums.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The original contract has stated a commission amount of 1.5. I was requested to pay 1.25. which in error they thought that the vat amount was not paid. This will call in to court and I have to make a grounds for defense what should i state on the papers
Expert:  Ash replied 1 year ago.
Yes I think you have grounds. Your grounds are the representations made by the claimant.You relied on what they said. if its an error, that is not your fault and they are estopped from claiming
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
please can you give me an idea a rough few words on what i should enter in the claim form
Expert:  Ash replied 1 year ago.
1. The Defendant denies that any sum is owing to the Claimant. The claimant made representations to the defendant that commission to be paid was 1.25. The defendant in reliance upon the representations from the claimant duly paid these sums. The further sums sought are as a result of commission at 1.5%. The claimant is estopped for the reasons above for these sums due.2. Further or in the alternative the claimant has failed to act with all reasonable skill and care.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
yes thank you
Expert:  Ash replied 1 year ago.
Good luckAlex
Expert:  Ash replied 1 year ago.
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