Another Foxtons case from 2010 – reader requests help

by Readers Question

10:55 AM, 10th July 2013
About 7 years ago

Another Foxtons case from 2010 – reader requests help

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Another Foxtons case from 2010 – reader requests help

Sorry to have to re-visit the issue of Foxtons again! I’m afraid it is the same story of unfair renewal fees. The “good “ thing is that mine is not a new case, just unresolved since 2010.

I had used Foxtons to let a flat in 2009 – at that point I was made to sign all the pages of their Terms and Conditions. We, in any case managed the property ourselves and there were no issues with renewal of tenancy.

I used them again in 2010, and asked them, this time around to manage the property. This time around, I was sent a document to sign, which somewhere read that “I have read and understood……Foxtons’ Lettings and Conditions”. I was however not provided with the actual Terms and Conditions this time around and had no idea about the kind of money they charge for tenancy renewal…….fast forward to Foxtons approaching me to request renewal fees. They took the matter to County court when I said I did not know what they were talking about. Hearing is early next month.

Part of the documents they have put forward is their T&C with “date and time Accepted”, my name and email address, their user ID and IP address, at the bottom of all the pages of the same T&C. They claim this to be proof that I agreed to their T&C, since (according to them) this has the same weight as me physically signing the document. I do not know how true this is.

I believe my options to be:

A) Pay the money they are demanding (£1762.44), especially as I really do not have the time to pursue this and would want to avoid losing a day of work to be in court (as I assume I would have to be physically present?)

B) Hand the matter to one of these “no win no fee” set ups, who specifically target Foxtons cases – I have nothing to loose

C) Look for a more ”standard” firm of solicitors to deal with this.

The other concern I have is that of CCJ. Assuming I were to go all the way and loose the case, at what point does the issue of CCJ come up, especially it is something I can naturally not afford to have on my name?

Any other advice would be greatly appreciated.

Michaelfoxtons


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Comments

Neil Patterson

11:03 AM, 10th July 2013
About 7 years ago

@ michael
On the Issue of the CCJ. This would only be marked against you if you lost the case and then did not pay within the timescales directed by the court. Therefore just be ready to pay if you have to.

You can I believe use an Esignature to prove a customer has read the terms and conditions and TPOS I have been told Oked the 2010 Foxtons conditions.

Can anyone else help Michael further please.

Mark Alexander

11:20 AM, 10th July 2013
About 7 years ago

You have 30. Days to pay up if a Court awards against you. If you pay within the 30 days it does not affect you credit score in any way and is not recorded on your credit file.


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