- Demanding money with menaces?
Received this text from my estate agent today – received the invoice last Tuesday and haven’t paid it yet.
Dear Mr XXXX, just a reminder that your invoice is still outstanding. Please note you have started to accrue interest on monies owing. We will therefore be instructing our solicitors to recover the fee in full plus the interest if we do not receive payment by close of business tomorrow.
There are no terms of payment on the invoice. As far as I know the normal period is 30 days, and that interest can’t be charged on a civil debt. Am I right in thinking I can tell him to jog on? I do intend to pay, but in the most protracted and inconvenient way possible (they damaged my house when installing their board and denied everything).Posted 4 years agojambalayaSubscriber
They are desperate for money that’s clear.
In writing ask for a copy of the terms and conditions and state that you “were told” (or something similar) that terms where 30 days. I would also mention the damage and say you will be seeking financial recompense.
It may well be the invoice payment is due on receipt
I took an estate agent to the ombudsmen (for lying in sale process) thankfully the buyer provided written evidence – I got £100 which is token really but I did manage to delay paying them for 18 months – it cost me more in legal fees. The Omburdsmen is as much use as a chocolate tea pot, the typical settlement against the agent is tiny even if they are found to be in the wrong.
With “harry hindsight” you should have terminated the contract as soon as they damaged your house.Posted 4 years agoBigDummySubscriber
Likewise disappointed at confusing request for payment of an invoice with “menaces”. However:
As far as I know the normal period is 30 days, and that interest can’t be charged on a civil debt. Am I right in thinking I can tell him to jog on?
All of that is unwise, certainly in England.
There will be a payment period in the T&Cs, which you will barring considerable agility and forethought be bound by. There is no magic in 30 days. Invoices can be submitted for immediate payment.
Statutory interest (i.e. payable even if the T&Cs don’t provide for interest) will run after 30 days from the delivery of the invoice I think, but if there is an interest provision in the T&Cs that will take priority. They will also be able to claim costs of recovery if you’re not careful.
I’d advise you to pay the invoice, less an amount for the cost of damage you claim they did. Send that with a statement about the damage and why you’re making a deduction. Then they actually have to engage with that. As it is, you’re just a poor payer who may turn into a bad debt. Their office has a bored and boring person who will be little inconvenienced personally by trashing your credit rating.Posted 4 years agomartinhutchSubscriber
Threatening you with court and extra interest less than a week after the invoice? What would they do if you were on your hols abroad or working away for a few weeks?
That kind of approach would make me want to be as uncooperative with them as possible, but check your t&cs, obviously.
I vaguely recollect that (statutory) late payment interest normally starts accruing after you’ve had the invoice for 30 days, or there is an agreed payment date, unless you’ve signed something different.Posted 4 years agoLimboJimboSubscriber
It is incredibly easy for them to apply for a court judgement against you. This CCJ will sit on your record for years even after it’s settled and will make getting credit/mortgages trickier. Unless you are on very solid ground on this one I’d be paying up and moving on with your life. No point in cutting off your nose etc. etc.
Then go wee in their shoes.Posted 4 years agoMartynSSubscriber
It is incredibly easy for them to apply for a court judgement against you. This CCJ will sit on your record for years even after it’s settled and will make getting credit/mortgages trickier.
It’s very easy to bring a small claim again someone, you only get a ccj if you end up loosing in court, and then not paying the court settlement… It’s actually fairly hard to get a ccj against your name….Posted 4 years agohoraMember
I dont think the OP is shirking payment. If the bill was given to you in the restaurant and the waiter held out his hand and ‘said come stop stalling/pay and get out’. You’d be pissed off.
Pay within 7days is abit keen. 14days would be reasonable. Ask for a copy of the signed T&C’s.Posted 4 years agochris_dbMember
Solicitors, lawyers, surveyors, estate agents…… professional leeches the lot of them. The whole house buying and selling mullarkey is so set up. All they do is pay each other to extract as much as they can out of their so-called customers.
Not a single honest person among them.
CPosted 4 years agopeterfileMember
I think it would be worth taking step back here.
1. You owe them money. You cannot escape this, nor does it appear that you want to. Trying to piss them off by paying late could end up more detrimental to you than to them.
2. They have caused damage to your property. If you have suffered loss then you can try to recover this from them, however this is separate from your debt to them.
Write/email them setting out the damage they caused to your property. Quotes/receipts for the cost of repair will be needed. Explain that you will be pursuing them for these costs and that it would be in the interests of all parties if they will agree to allow you to set off that amount from the amount you owe them.
If you suffered no financial loss as a result of the damage and you’re just delaying payment for the buggeration factor they’ve caused you, you’re left with two options: pay your debt now or pay your debt later. Option 1 carries no consequences for you and option 2 does. I suspect that neither option will make much difference to the estate agent.Posted 4 years ago
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