In 2010 we were trying to sell a house, on 18/05 we signed aHIPS agreement, on 20/05 they were terminated by the government, accordingly wecancelled on 20/05.
The estate agencyhave now passed this to their inhouse debt collectors who sent us a draftwarning claim form from Northampton county courticon, stating we owe then299+vat or if it goes to court 768, where they will seek further costs.
As we have cancelledthey state, the cancellation is not possible (3 years later) as we had agreedto wave our right to the 7 day cooling period by our initialling the clause,(which we did not initial)
They prepared theform for us, signed it 17/05/10 then we signed it 18/05/10, then cancelled20/05/10
Can they ask for apayment for something which is terminated, and then cancelled within the 7 dayscooling off period (they say ye they can).
The original formsigned was by a joint party me and my brother but the court claim is in my nameonly as they say only I am liable??
Would I defend thisclaim as a vexatious claim and an abuse of the court process and are the debtcollection department allowed to issue a DRAFT court claim form, to extractmoney from us by using this as a threat to litigate?
I am a bit confusedas they are hell bent on taking this to Court in 7 days, stating they are owedthe money in full, despite the cancellation, as the cooling off period is notrelevant.
Please can I get someAdvice and how I CAN defend this claim in full as I do not have 349 to pay themlet alone 750 at this time of the year when I have done nothing wrong, we neverdid sell the property through the agents and in the end it was taken off sale,but they argue the HIPS certificates are there if we make the payment to view,and we are fully liable, whether we sold or not and regardless of theabolishing by the Government of the HIPS
The estate agencyhave now passed this to their inhouse debt collectors who sent us a draftwarning claim form from Northampton county courticon, stating we owe then299+vat or if it goes to court 768, where they will seek further costs.
As we have cancelledthey state, the cancellation is not possible (3 years later) as we had agreedto wave our right to the 7 day cooling period by our initialling the clause,(which we did not initial)
They prepared theform for us, signed it 17/05/10 then we signed it 18/05/10, then cancelled20/05/10
Can they ask for apayment for something which is terminated, and then cancelled within the 7 dayscooling off period (they say ye they can).
The original formsigned was by a joint party me and my brother but the court claim is in my nameonly as they say only I am liable??
Would I defend thisclaim as a vexatious claim and an abuse of the court process and are the debtcollection department allowed to issue a DRAFT court claim form, to extractmoney from us by using this as a threat to litigate?
I am a bit confusedas they are hell bent on taking this to Court in 7 days, stating they are owedthe money in full, despite the cancellation, as the cooling off period is notrelevant.
Please can I get someAdvice and how I CAN defend this claim in full as I do not have 349 to pay themlet alone 750 at this time of the year when I have done nothing wrong, we neverdid sell the property through the agents and in the end it was taken off sale,but they argue the HIPS certificates are there if we make the payment to view,and we are fully liable, whether we sold or not and regardless of theabolishing by the Government of the HIPS
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