Friday, 1 January 2010

Paul's Story

Went to RTA in June 2006, signed and paid a fee.

After 1 year, they had sent around just two buyers.

After this year had passed I decided they had had their chance. I ‘phoned them and said I didn’t want to use them any more.

I followed this up with a letter sent Recorded Delivery.

I used another estate agents

A month later, received a call from RTA wanting to send around a potential buyer. Told them I had cancelled with them. They apologised.

Another month later I receive a further call from them again wanting to send around a potential buyer.  Told them this is the third conversation I had with them, could they please update their records.  Person from RTA was incredibly rude and I ended up putting the ‘phone down on them.

I sold the business in December 2007

That was the end of it ... or so I thought!

Went to my bank a month or so ago to enquire about a loan. Was told by them I had something ‘adverse’ on my credit file. Further investigation revealed that RTA had issued a summons against me in April 2008 for about £3,000. (It was sent to an address I was not living at (and apparently returned back to the court marked “not known at this address”))

I am sending back a request to have judgement set aside, but will be seeking further legal advice.

Yesterday, I got home to find a bailiff had visited my house!

** FOLLOW UP - 23rd July 2010 **

I contacted the bailiff to advise that I am applying to have judgement set aside (I would advise anyone to do this immediately.  The Sheriff’s office agreed to hold off further action pending my request, the bailiff himself was a very nice chap who was very amenable.)  Don’t be scared or intimidated by words like “Bailiff” or “Sheriff’s Office.”  There are people behind these words simply doing their jobs.

I prepared and submitted my defence to the court using the information supplied by Paul and Gill Crane as a basis.  I received a date to attend court (purely to deal with the aspect of having judgement set aside) and this was successful (RTA didn’t turn up.)

The court then copied me in on a letter they sent to RTA advising that if they wish to pursue their claim, they will need to resubmit it within fourteen days.

No response was received by the court so RTA were given a further seven days.

RTA failed to respond so their case has been dismissed completely!  Another victory for the small business man!

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