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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 153
Experience:  Solicitor at BLM
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I have an invoice dispute, I am in London they are asking me

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I have an invoice dispute
JA: Where are you? It matters because laws vary by location.
Customer: I am in London they are asking me to pay for a service that I feel unjustified
JA: What steps have you taken so far?
Customer: just email back and forth I agreed to pay for part of the service that I felt was reasonable but they insist on the full amount anyway they are threatening legal action, of course, if I don't pay I want to see if I have my grounds and if I can counter sue for my time out of hours dealing with this I've been a consultant in the past and my day rates are £500
JA: Anything else you want the lawyer to know before I connect you?
Customer: nothing else just more details

I am currently reviewing your question and will return to you shortly

Hello

Thanks for your patience.

What sort of service is in question and why dont you think the service provided was not sufficient

Customer: replied 9 days ago.
it was a service from a real estate company for negotiating on my behalf with the landlord
Customer: replied 9 days ago.
the terms etc which happened in December last year
Customer: replied 9 days ago.
with the heads of terms they negotiated for me
Customer: replied 9 days ago.
since then I've had to do my own negotiations

Do you believe that they have not fulfilled their obligations within their terms and conditions in the contract

Customer: replied 9 days ago.
there wasn't even a contract, just a verbal confirmation on email

Within section 49 of the consumers rights act 2015 there is an implied term that service provided must undertaken with reasonable care and skill. Given your dissatisfaction it appears you believe the service provided was not carried out with reasonable care and skill

Customer: replied 9 days ago.
that I will pay them on completion, but I didn't "complete" with their assistance. The contractual terms they negotiated for us back in December are all not valid other than the yearly rent

The court usually decides what is Reasonable in this circumstances and the court are usually guided by what other estate agents do in the circumstances

If most agree with your situation which is likely given they didn't do what you paid for then there are remedies available to you

Customer: replied 9 days ago.
they are charing both the landlord for a fee and us a fee, which is highly unusual in most circumstances
Customer: replied 9 days ago.
I'm concerned they will send a debt collecting solicitor after me and also asking me to pay for their solicitor fees

You can write to them and inform them that the service was below par given you did all the work yourself and therefore exercising your rights under the consumers rights act.

Further you can make an offer for the services they did give because under the law you can seek a price reduction for a below par service

Therefore write to them and then contact them via telephone in order to reach an amicable agreement on the right fee for the services

Customer: replied 9 days ago.
I've done that , without quoting the consumer rights act
Customer: replied 9 days ago.
they are insisting on the full payment

You can make an offer on the services received. In terms of a figure this is something you will have to ask other estate agents on how much they will charge you for the only service they fulfilled

Customer: replied 9 days ago.
other estate agents don't typically charge the lease holder just the landlord in this instance

Then once you obtain a range of figures write a letter and quote the law and then include an offer.

Customer: replied 9 days ago.
the charge was of place in the first place

Understanable but correct me if am wrong the agreement for services was between you and the estate agent right

Customer: replied 9 days ago.
correct
Customer: replied 9 days ago.
me and the estate agent

Ok then I suggest you to try to settle the fees on a reduced rate and if they do not accept. Then write to them telling them you are dissatisfied with the service and you intend to complaint to the ombudsman

Customer: replied 9 days ago.
cheers ***** ***** give that a go

No problem and all the best. Please before you leave JA today please rate the answer given using the stars button at the top of your screen

Customer: replied 9 days ago.
if it arises again, am I able to connect with you again?
Customer: replied 9 days ago.
or someone new?

You can connect with me or someone new. I always day if you need the quickest response open a new question because if am not online someone else will be able to pick it up

https://www.tpos.co.uk/find-a-member

https://www.theprs.co.uk/Complain

The sites posted take you through to an independent body to complain about the estate agent behaviour if you cant resolve the issue

However hopefully it does not get to that stage and things gets resolved amicably

Hello

I note you have reviewed the answer given. Please can you rate the answer given using the stars button at the top of your screen as this will help improve the service given and credit me for the answer given.

Thanks

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