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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I entered into a property contract with YPC too and they

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Hi, I entered into a property contract with YPC too and they pulled out of the sale as they did not believe the developer was disclosing all details. I handed over money stupidly in August but didn't actually sign the contract until 15 Sep and on the 23 Sep I received an email that the sale was being pulled. I have paid reservation fees and finders fees and would like both back. So far I have been told their solicitors are working to get the reservations fees back but the finders fees won't be refunded due to T&C's. In addition to the property reservation also does not hold right details even though i asked the consultant to change this. There were 2 forms one was correct and one wasn't. Would you look at the documents? What are my rights?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How much do you want to claim please?
Customer: replied 1 year ago.
the reservation fee is £2500 and finders fee is £5070 - i want to receive all the money since I have nothing to show for it
Customer: replied 1 year ago.
i have attached the contractual agreements
Customer: replied 1 year ago.
Initially I was going to buy it under a company then my accountant advised me against it so I asked the lady to change the details but she didn't on one of the forms but did on the other.I understand there may be a 7 day cooling off period i may be entitled to, I signed the doc verify on the 15 Sep at around 9pm and I was informed on 23 Sep. The 7 days will only work if its working days.
Customer: replied 1 year ago.
Hi Alex, please let me know when you will likely be responding as I will go to bed if it won't be anytime soon. I understand the money has been taken from my credit card although I have not had a response yet. Is that normal?
Customer: replied 1 year ago.
Okay Alex I will go to bed now but await your response.
Customer: replied 1 year ago.
as in will pick it up tomorrow.
Expert:  Ash replied 1 year ago.
But it was based on a failure to disclose a material fact?
Customer: replied 1 year ago.
I was called by my sales consultant on 23rd September who advised it was due to the seller failure to disclose something but on the 24th I received the following email (so YPC knew about it on the Thursday 18th September I signed the reservation form containing T&C's around 9pm on 15th September):Date : 24/09/2015Your Ref :Our Ref : LAF/GHS/501431-1Dear Miss ToorPurchase of Plot D57 The PrinthouseWe write to advise that the seller’s solicitor has informed us that the seller has withdrawn from the sale to you. We were initially notified of this on Thursday last week at which point we contacted YPC to see if they could assist, by contacting the seller directly, to save the sale. Unfortunately, whilst we are ready to report to you and exchange could have been achieved by the end of this week, the seller refused to send over the final contract for you to sign and has been unwilling to reconsider their position. The position remains that they have withdrawn from the sale. We regret to advise that as your legal advisor, there is nothing more we can do to rescue your purchase.Until an exchange of contracts has taken place, either party can withdraw from the transaction without any liability to the other. We understand that YPC are looking into taking further action against the seller to recover the reservation fees already paid. They will keep you informed in connection with their progress in this regard.We have undertaken a significant amount of negotiation and investigation in connection with your purchase and the documentation connected therewith. As such our abortive fee for this purchase will be £697.50 (including VAT) which is 75% of our initial fee quote. Please telephone our card payment line on 01484 558076 to arrange payment of the same.If you have any further queries in connection with this, please feel free to contact us.Yours sincerelyGeorgina Wilbraham Assistant to Lindsey Frith
Customer: replied 1 year ago.
I wait to hear from you.
Expert:  Ash replied 1 year ago.
So is it the £697 you want to claim back or more costs?
Customer: replied 1 year ago.
Hi Alex, I have sent you a few messages stating what I need to claim, unsure if you didn't receive them but I want to claim the £2500 reservation fee and £5070 finders fee.
The email I sent to you is to show you that I was not given any formal reason for the guys pulling out of the sale.I don't mean to be rude but I stated this case as being urgent. Provided all the detail and yet have not received any good advice. Just questions to which I have provided answers. If you are not well suited to answer this please pass my case onto someone else or let me know and I will seek to get my money back.
Expert:  Ash replied 1 year ago.
I think you can claim the total cost less the £697 Solicitor fee as either party can pull out.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
You can claim under Regulation 5 of unfair terms in consumer contracts regulations 1999 which states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Sorry Alex unsure why you keep referring to the £697 costs they are not my costs that is what the solicitor has drafted in an email. My costs are £2500 (reservation fees)+£5070 (finders fees) = £7570 (total to claim).Please advise if I can claim this amount? Am I entitled to claim this under the act you mention above:
You can claim under Regulation 5 of unfair terms in consumer contracts regulations 1999 which states:5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term - what does this mean to influence substance of the term. How would I have had been able to influence something this sales team put together?Please clarify both of these with regards ***** ***** £7570.
Customer: replied 1 year ago.
apologies my misunderstanding you are saying £7570 less the £697 - please ignore that part. My fault.Please explain the rest.
Expert:  Ash replied 1 year ago.
Their terms are unfair. You can claim under Reg 5 or even the Unfair Contract Terms Act 1977
It cant be right or fair they can take these fees, pull out and say you are not entitled to it back.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes thank you Alex that definitely helps clarify the matter. You looked over the T&C's right?If I wanted representation how could I find a good lawyer for that? Or for someone to draft the letter for me? Is that something you would do? Obviously if your fees were appropriate for me.
Expert:  Ash replied 1 year ago.
Yes I did look at the T&C's. Sadly I cant act for you or draft a letter, its against site rules as a question and answer site.
This is a straight forward dispute and you just need a Litigation Solicitor. One locally will do.
Does that help?
Alex
Customer: replied 1 year ago.
Perfect thanks Alex.That's a shame as you have read the background to this already but I understand.The chats will stay on this account right so I can download into an email right?Sam
Customer: replied 1 year ago.
also one more question re litigation lawyer there are several types of litigation what type do I need to find? i.e. I can see civil litigation but this wouldn't fall under that right?
Expert:  Ash replied 1 year ago.
Sadly I would like to but can't. This chat stays in your account so you can come back to it or print it off at any time.
Just a civil litigation or property lawyer is fine.
Does that clarify everything?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
yes that clarifies thanks. I will now rate this so the money is released.Thanks Alex

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