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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10232
Experience:  I have been practising for 30 years.
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I signed an agreement with Ismart to claim PPI , but

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I signed an agreement with Ismart to claim PPI for me, but when the bank made an offer it was incorrect so I had to start all over again with the bank and do it all myself. I have had to decline the original offer and am still awaiting to hear from the bank re any new offer. As I've had to start again from scratch I have told Ismart I won't be paying them any fees as the work they carried out is not valid and the claim offered on it has been cancelled. They said as I'd signed an agreement I would still be liable to pay this fee and sent me a copy of the agreement. Is this right? The agreement also clearly states that "this contract is subject to the laws in England and Wales " and I'm in Scotland so does that make it void?
The fact that the contract is subject to the laws of England and Wales does not void the contract, it just means that it would be dealt with in the English or the Welsh courts. That might not be particularly convenient for you. If you don’t attend court if the company issues proceedings, and the company gets default judgement against you, they can then enforce the English judgement in the Scottish courts.It depends on what is in the agreement as to whether you are liable to pay anything or not. The majority of these agreements are worded that you agree to pay their fee if the money is received at any time after you instructed them. They may decide to pursue that through the court if you don’t pay. Your defence would be that they are in breach of contract for simply not carrying out the job properly and also, that they are in breach of the Supply of Goods and Services Act because they didn’t carry out the job with reasonable care and skill.If they start to chase you for the money you might want to consider making them an offer of part of that in full and final settlement to avoid the inconvenience of going to court.Please don’t forget to rate the service positive. It’s an important part of the process so that I get my time recognised.Best wishesFES
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