Purple Bricks payment dispute from 2019

[Alb12187]

Hi all,

I wonder if anybody could help me. My husband and I own a 2 bed property in Croydon and listed to sell with Purple bricks on the 26^th November 2019.

The agent who signed us up left within a month of us joining. She assured us she would take full control, lived only a few streets away from our property and could do viewings anytime but left the company within a month of signing us up.
As we live a distance from the property, this was extremely encouraging. She said the property would sell very quickly with her managing it. At the time of signing us up she must have been well aware she was leaving the company but never let on to this.

We only discovered she had left when a potential buyer contacted us through Purple Bricks asking if the property had been sold as there were no available appointments online to book. Looking back we can see these were blocked out for months. We contacted the agent asking what was happening. She sent a text stating she had left the company and her colleague a Mr David Roberts would be contacting us. This was two days before she actually left and if we had not contacted her she obviously had no intention of letting us know.

Apart from doing one viewing in February, which we had to instigate, David Roberts never made any contact with us. We had to call him. Despite requesting a premium package, he told us there was no agent to manage our case and all appointments would be blocked out unless we took on the viewings. Shocking, as this was not the service we had agreed to pay for. We had no choice but to agree to try and get the house sold.
My husband took time off of work to show potential buyers around which effected his earning as being self employed. I myself have MS and the stress of this attributed to me having a relapse.
For months there were no viewings owing to covid lockdown and our viewing availability being blocked. Still no contact from Mr Roberts although this has now been admitted he was advising on the system that he had monthly contact with us!

Since joining Purple Bricks we didn’t even have the courtesy of a call or a monthly review as promised in their terms and conditions.

It is now 2023 and we are being chased for £1400 for a package we weren’t provided. Has anybody else had a similar problem?
We also have an email stating they were happy to deduct £600 off of the package price but have still requested the full £1400 through a collection agency (CARS.Org)
Could somebody advise if this would be deemed breach of contract?
We are more than happy to pay for the advertising of the property and the photos that were taken but that is all they have done!
Many thanks in advance for any help you are able to provide.

Alex

[jaguarsuk]

Hi Alex

Sorry to hear of your troubles, but the service they have provided is indeed breach of contract if they have not provided everything listed as being purchased.

Furthermore it is in breach of the Consumer Rights Act 2015 (CRA 2015) sections 49 and 52 in that they have failed to provide the service with skill and care (s.49), I'd hardly call booking out the viewing diary performing the service of an estate agent with care. And they have failed to provide the service you purchased within a reasonable time by matter of the fact they still haven't provided it.

The remedy of both sections refer you to section 54 of the act. Section 54(3)of CRA 2015 reads as follows:

3. If the service does not conform to the contract, the consumer’s rights (and the provisions about them and when they are available) are—
(a)the right to require repeat performance (see section 55);
(b)the right to a price reduction (see section 56).

In your particular circumstance s.54.3(b) is the appropriate remedy and you'll note it refers you to section 56. Basically section 56 says that the amount of reduction should be 'by an appropriate amount.' It goes on to say that 'The amount of the reduction may, where appropriate, be the full amount of the price.'

Finally it confirms the reduction and/or any refund due should not be unduly delayed and once the trader agrees the reduction/refund that it should be done within 14 calendar days.

If it were me I would write a letter of complaint to Purple Bricks (send a copy of it to the debt collector) based on the CRA 2015 information I have provided here and as you have said you are happy to pay for the photos and listing I would offer to pay the value of whatever they would charge for just that as the remedy of reduction pursuant to s.56.

I did take a look on their website, but can't see the packages and prices without signing up, so you as someone who is signed up may be able to see or you might have to ask a local estate agent what a reasonable charge for that might be.

[Alb12187]

jaguarsuk Thank you so much for taking the time to reply back to me. I apologise for my late reply.

I will get a letter of complaint over to Purple Bricks immediately.

Thanks again
Alex