Sequence estate agents threatening to send Bailiffs

[gwenlillian]

Hi - I had a dispute with estate agents Brown & Merry run by Sequence UK Ltd. They talked me into marketing my house with them and promised it would cost me nothing. In the end it cost me dearly, but to cut a long story short they got a judgement against me for around £600. They wanted the total sum but being unemployed that was impossible so I got a variation order to pay 20 p.mth. I haven't been able to keep up with this since my fiasco with British Gas fitting a pre-pay meter that is costing so much. I was so worn down by the pressure of debts I did forget about them and missed last month, and is due again now. I received a letter today (15th) dated 12th Dec where they say that I have seven days to pay or they will send the bailiffs round. How nice of them, just before xmas they want to take the tv and cooker no doubt. I want to ask the court to revise this payment level since things have worsened for me and my son since the court case - is this possible? and would the bailiffs come before I get any new arrangement? This company has treated me very badly indeed and I tried very hard to show the court what rules they breached in getting monies for a contract they say I cancelled when it had in fact expired. I lost the case and accept that but I can't see what Sequence UK have to again in taking such punitive and aggressive actions against me. Any advice would be very welcome.
thank you. PS I have tried writing to their Directors but they pass it down the line.

[alham]

Re: Sequence estate agents threatening to send Bailiffs

BUMP

[enquirer]

Re: Sequence estate agents threatening to send Bailiffs

Hi - I had a dispute with estate agents Brown & Merry run by Sequence UK Ltd.

Date of this and of the court judgement?

... and promised it would cost me nothing.

Where is this stated?

... they got a judgement against me for around £600.

Why £600? How was this made up? How did the monies 'become owing'? What was the rationale for this?

... for a contract they say I cancelled when it had in fact expired.

Can you show that it had expired?

[gwenlillian]

Re: Sequence estate agents threatening to send Bailiffs

Hi - it went on for a while but the final hearing they won, got their claim for payment of HIP fees, apparently there was a small print clause to cover them regardless, so despite what I was told face to face, it meant nothing once I signed. They refused to supply the original contract (and still haven't) as they did not sign it before me, or even close to the date I did, but had photocopies to show they had?? I got a variation order from the court to pay monthly at £20 but this is too high for me now with the British Gas meter taking most of my money, and back in court in January with Water Company. So, I am paying legal costs to Sequence too, and I am sorry that the DJ was so in favour of estate agents which was clear from his comments, and he was mixing up cases and gave a copy of another case against me to the claimants and asked him what this was for - I was shocked as I could see it was to do with me and nothing at all to do with Sequence. Sequence misrepresented the facts and were not made to provide originals and got over £600 judgement, which I couldn't keep to. Their Heather Figg, Legal Dept, Leighton Buzzard, sent me a letter recently said that if I don't pay the amounts due within 7 days she will transfer the case to the High Court for Bailiff Enforcement and charge me more costs. I think this is dispicable. I got the letter after 5 days had elapsed already so maybe she is happy to send them round this week - who knows.

[enquirer]

Re: Sequence estate agents threatening to send Bailiffs

the DJ [...] was mixing up cases and gave a copy of another case against me to the claimants and asked him what this was for - I was shocked as I could see it was to do with me and nothing at all to do with Sequence.

The judge gave to Sequence a copy of a separate and entirely unconnected case? That looks an extremely serious breach of the Data Protection Act. Make a complaint to ICO and see.

[labman]

Re: Sequence estate agents threatening to send Bailiffs

Apply for another Variation of Judgment using Forms 5 and 6 below

http://www.legalbeagles.info/forums/...1-Useful-Links

Maintain payments as best you can, and inform the company you have aplied for a Variation of Judgment

If you've done this before you'll know you'll need a CFS to back it up and prove your I&E. It's better to get it resolved than for them to escalate it to an HCEO

[PlanB]

Re: Sequence estate agents threatening to send Bailiffs

I've only just seen this thread. I wasn't around on LB when this happened or I'd have jumped in to suggest that you make a formal complaint to Sequence about the shabby way you have been treated. They are a member of The Property Ombudsman scheme so you may (depending on how much time has lapsed) be able to escalate your complaint to them if you don't get any satisfaction.

They may have obtained a CCJ against you but they're not obliged to ask the court to enforce it or send in bailiffs, neither are they obliged to bully you when you are suffering financial hardship. If you can prove that they cheated or were 'economical with the truth' in order to get their judgement then challenge them direct (not the court at this stage).They can stop this bullying here and now if they want to - or if they are pursuaded to.

Here's how to make a formal complaint to Sequence (for sales but there's another leaflet on the website if this was lettings). You need to make it clear that you're complaining about the 'poor service level received' and are still receiving, and not about what happened in court which probably can't be investigated:

http://www.sequencehome.co.uk/stock/...v2%20FINAL.pdf

[gwenlillian]

Re: Sequence estate agents threatening to send Bailiffs

Hi - yes I have been paying them a smaller amount in the interim but have always wondered about the statements made to the judge about me cancelling the contract as the contract had run its term and I simply didnt want it to roll-over. I thought that rolling over contracts had been made unlawful not so long ago. I was particurly cross that the so-called HIP that this fiasco is payment for, was never even sent to me and it was inaccurate, and incomplete and yet sequence argued in court that they didnt have to provide that much detail ! - well, if i was buying a property i would expect the agent to disclose the extent of the boundary. I wanted to examine this further at the time but like all these things, it gets away from you with new emergencies to deal with. thanks for your support.

[labman]

Re: Sequence estate agents threatening to send Bailiffs

The joys of having a property expert around the place. Thanks PlanB.

[simon D]

Re: Sequence estate agents threatening to send Bailiffs

The Judgment stands whatever you think. You will have had the right to appeal but I suspect this time has now elapsed. Sequence like anyone with a Judgment in place just wants paying and in the cold light of day, can you blame them?
I would suggest you seek assistance from a debt management firm and get them to write advising of the maximum you can currently afford to pay, this should hold the bailiffs off. Whatever you do, don't bury your head in the sand.

[gwenlillian]

Re: Sequence estate agents threatening to send Bailiffs

The Judgment stands whatever you think. You will have had the right to appeal but I suspect this time has now elapsed. Sequence like anyone with a Judgment in place just wants paying and in the cold light of day, can you blame them?
I would suggest you seek assistance from a debt management firm and get them to write advising of the maximum you can currently afford to pay, this should hold the bailiffs off. Whatever you do, don't bury your head in the sand.

can i blame them??? yes, i think I can, since they lied and refused to be held accountable for that misrepresentation and we all know that in a different scenario (see other cases taken against Sequence) had I the funds and time, it may well have had a different outcome. I would never agree that these things are simply, "well, you signed it" scenarios, there are many laws and regulations that take all matters into consideration when it comes to contracts and finance to include pre and post negotiations, disclosure, circumstances etc etc. Unfortuantely the 'system' often favours those with the most legal power at the time, access to justice is not automatic, especially for those in financial hardship. Does anyone else concur.?

[PlanB]

Re: Sequence estate agents threatening to send Bailiffs

can i blame them??? yes, i think I can, since they lied and refused to be held accountable for that misrepresentation and we all know that in a different scenario (see other cases taken against Sequence) had I the funds and time, it may well have had a different outcome. I would never agree that these things are simply, "well, you signed it" scenarios, there are many laws and regulations that take all matters into consideration when it comes to contracts and finance to include pre and post negotiations, disclosure, circumstances etc etc. Unfortuantely the 'system' often favours those with the most legal power at the time, access to justice is not automatic, especially for those in financial hardship. Does anyone else concur.?

:amen:

[labman]

Re: Sequence estate agents threatening to send Bailiffs

The Judgment stands whatever you think. You will have had the right to appeal but I suspect this time has now elapsed. Sequence like anyone with a Judgment in place just wants paying and in the cold light of day, can you blame them?
I would suggest you seek assistance from a debt management firm and get them to write advising of the maximum you can currently afford to pay, this should hold the bailiffs off. Whatever you do, don't bury your head in the sand.

Is there a time limit on getting a judgment set aside then?

[Inca]

Re: Sequence estate agents threatening to send Bailiffs

can i blame them??? yes, i think I can, since they lied and refused to be held accountable for that misrepresentation and we all know that in a different scenario (see other cases taken against Sequence) had I the funds and time, it may well have had a different outcome. I would never agree that these things are simply, "well, you signed it" scenarios, there are many laws and regulations that take all matters into consideration when it comes to contracts and finance to include pre and post negotiations, disclosure, circumstances etc etc. Unfortuantely the 'system' often favours those with the most legal power at the time, access to justice is not automatic, especially for those in financial hardship. Does anyone else concur.?

Sorta says it all I think msl:,,great retort,gwenlillian.

[labman]

Re: Sequence estate agents threatening to send Bailiffs

The Judgment stands whatever you think. You will have had the right to appeal but I suspect this time has now elapsed.

Is there a time limit on getting a judgment set aside then?

The answer to the above is no - there is no time limit, so sorry Simon, but your statement was wrong.

The form you need to set aside a CCJ is N244 which you can download here (the form below Ex160A will tell you if you qualify for fee remission to save you paying the £80.00 fee):

http://hmctsformfinder.justice.gov.u...t_forms_id=484