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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I received a cc demanding 6000 pounds today at my daughters

Resolved Question:

I received a cc demanding 6000 pounds today at my daughters address from a selling agent I was signed up with
I have had no calls or letters at my home or business address advising me of a problem they are saying they asked me for an energy proformance certificate to be able to market my property and that I have stopped them marketing the business and earning there fee
They rang me once after there visit and I explained I may have had to move location of the business (landlord wants me too) so best hold off marketing the business until it is finalised I have received no contact with them since until I picked this cc today which is due in court 31st August cc was dated 18th August they have my daughters address as contact for me after I sell my business which I have not
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Are you saying that you have received a County Court claim? not a judgement?

Why have they sent it to your daughters address?

How do they know your daughters address?

What do they mean when they say they asked you for an energy performance certificate.

Did you sign any document telling them to go ahead with this?

Could you explain the background details of this please including what you actually asked them to do, what they were supposed to do, what they have done, what they have not done, and what you have not done.

Finally,what do you want to know about this?

Thank you.

Customer: replied 1 month ago.
county court claim
They asked me for a contact address after I leave the business and home(which is the same address)
They are saying the reason for the claim is that I refused to give them an energy performance certificate for my business premises which is not true they have never rung me or sent a letter asking for it to me at my address so they I saying I'm preventing them from earning there feeI signed the contact in February and spoke to them once in March explaining that my landlord wanted me to move to another location also owned by him so we should wait before marketing the business because what was we selling? They have not contacted me since and then sent this claim to my daughters arrived Friday and I picked it up Monday 31 st August issued on 18 th August 2016 should I send defence or counterclaim to the court do I need a solicitor to act for me
Expert:  F E Smith replied 1 month ago.

If you haven’t done already, you need to acknowledge this and you need to file a defence.

Even if it was a condition of the agreement that you provided them with an energy performance certificate, and you didn’t, they are not entitled to the fee because they haven’t sold the property!

They may be entitled to a small amount of money in respect of their loss of profit but I think that is even debatable.

If this really is the bill for the sale of the property which they couldn’t go ahead with purely because you didn’t supply an energy performance certificate that I think that whoever issued these legal proceedings hasn’t got a basic clue of how the law works.

Based upon what you told me, I think they have very little chance of recovering this money from you.

With regard to the fact that they used your daughters address, if it was the only address they had, then the documents have been adequately served and in any event, you admit that you’ve had them because you appear to have put a defence in.

If they decide to go ahead with this, you are just going to have to deal with it but do ask the court to award costs against them (£18 per hour) on the base that this claim is totally unreasonable. You may not get it in the Small Claims Court but it always worth asking for it if the claimant has been unreasonable in issuing proceedings or has issued proceedings prematurely which is what appears to have happened here.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly as that’s what pays me. We can still exchange emails.

Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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