Awkward customer ( possibly with a criminal record .....)
Discussion
I've been dealing with an exceptionally awkward client for the past 10 weeks.
Said client was purchasing a new property from my company and was given 60 days to exchange contracts (having paid a £500 non refundable reservation fee)
He failed to exchange by the due date and is now demanding his fee back, saying that I, my selling agent and legal advisor "engineered" the situation to ensure that he could not exchange contracts within the specified timescale.
Information came to light three weeks ago that the person in question had been "detained at her Majestys pleasure" for fraud.
The final sentence in his latest two page diatribe requests the fee be reimbursed in the form of a cheque made payable to his wife ...........................
Is there any way I can establish (legally) whether this individual has indeed been convicted of and served a prison sentence for fraud ?
Said client was purchasing a new property from my company and was given 60 days to exchange contracts (having paid a £500 non refundable reservation fee)
He failed to exchange by the due date and is now demanding his fee back, saying that I, my selling agent and legal advisor "engineered" the situation to ensure that he could not exchange contracts within the specified timescale.
Information came to light three weeks ago that the person in question had been "detained at her Majestys pleasure" for fraud.
The final sentence in his latest two page diatribe requests the fee be reimbursed in the form of a cheque made payable to his wife ...........................
Is there any way I can establish (legally) whether this individual has indeed been convicted of and served a prison sentence for fraud ?
maxed said:
Ho hum...cheque payable to wife, immediately suggests to me he is a bankruptcy.
Could explain why he couldn't complete as unable to raise funds.
Otherwise.......some fraudulant stuff going on.
Not good.
Sounds like more trouble than he's worth.
Cut the guy lose...quick!
Could explain why he couldn't complete as unable to raise funds.
Otherwise.......some fraudulant stuff going on.
Not good.
Sounds like more trouble than he's worth.
Cut the guy lose...quick!
Cut loose as in give him back his reservation fee ? (or play silly bu**ers and make the cheque payable to HIM rather than his wife
?) I should add I'm not feeling particularly benevolent towards said gentleman, as he has caused huge delays on site whilst deciding which upgrades he wanted (over and above the original house specifications)
I, along with my contractors, have invested large amounts of time costing his requirements, not to mention the costs incurred by my solicitor drawing up the contracts for exchange etc.
slippydiff said:
Cut loose as in give him back his reservation fee ? (or play silly bu**ers and make the cheque payable to HIM rather than his wife
?Nope!
Walk away.
Forget him but one last letter reminding him he is in breach of contract & his reservation fee was non-refundable.
Then close the book on the guy.
Job done.
slippydiff said:
I should add I'm not feeling particularly benevolent towards said gentleman, as he has caused huge delays on site whilst deciding which upgrades he wanted (over and above the original house specifications)
I, along with my contractors, have invested large amounts of time costing his requirements, not to mention the costs incurred by my solicitor drawing up the contracts for exchange etc.
Yep, this happens and you should "build in" a contingency to cover this.
The amount of c!cks I meet trying to buy (err and sell) places on f!ck all just grows & grows.
So always make financial allowances for these people in your financial planning.
Jeeeeeeeeez...i could tell you some stories
Now spend your energies on finding another buyer.
Good luck
IIRC you are legally entitled to deduct forced expenses from a deposit, but not allowed to use it as a penalty. Expenses would include upgrades from which you were unlikely to attract additional value. I would be inclined to deduct a 'justifiable' figure from the said deposit and send a small balance to your 'client'.
johnfm said:
Hey Slippy, I didn't know you were in to property!
Hi John, yep it's the only way to pay for all the fuel requirements for the "3" !
Sad to see you're Silver beaut is up for sale.
Anyway, back to the situation with our disgruntled timewaster. The cretinous individual has now brought the matter to the attention of Trading Standards.
Though he has now made my Estate Agent the target of his wrath (my Estate Agent has been incredibly helpful with my current development project, so this is the last thing I'd wish on him)
The said individual opens his letter by saying under normal cicumstances he'd make a claim in the small claims court but in this instance he's decided to notify the Trading Standards instead (he's chosen this route because I happen to know his own solicitor advised him there was no case to answer regarding the return of his reservation fee)
The next paragraph of his letter admits there has been no misrepresentation in the sales brochure (but he's reported my Estate Agent and my Development Company for it anyway !)
Seemingly a gentleman with waaaay too much time on his hands.
Has anyone on here used a Private Investigator to establish someones background/past with any degree of success ?
I'm thinking if things progress any further a word in his "shell like" that his past is known to all concerned might make him think twice before continuing his petty vendetta. However, before doing this, I'd like to be in possession of all the relevant facts not hearsay and gossip.
If you want private investigation or background checks that is what our company does. I don't get to hear much about what the guys do as 99% of business is covered by non-disclosure agreements.
edit - not touting for business as I neither own the business nor take any profit share from it. I just sort out the HR.
edit - not touting for business as I neither own the business nor take any profit share from it. I just sort out the HR.
Edited by edc on Sunday 6th August 01:16
edc said:
If you want private investigation or background checks that is what our company does. I don't get to hear much about what the guys do as 99% of business is covered by non-disclosure agreements.
edit - not touting for business as I neither own the business nor take any profit share from it. I just sort out the HR.
edit - not touting for business as I neither own the business nor take any profit share from it. I just sort out the HR.
Edited by edc on Sunday 6th August 01:16
Ed, could you Email me details of your company and a contact name ?
Many Thanks
Slippy
slippydiff said:
Anyway, back to the situation with our disgruntled timewaster. The cretinous individual has now brought the matter to the attention of Trading Standards.
Though he has now made my Estate Agent the target of his wrath (my Estate Agent has been incredibly helpful with my current development project, so this is the last thing I'd wish on him)
The said individual opens his letter by saying under normal cicumstances he'd make a claim in the small claims court but in this instance he's decided to notify the Trading Standards instead (he's chosen this route because I happen to know his own solicitor advised him there was no case to answer regarding the return of his reservation fee)
The next paragraph of his letter admits there has been no misrepresentation in the sales brochure (but he's reported my Estate Agent and my Development Company for it anyway !)
Trading Standards will tell him to get stuffed. We got reported to Trading Standards by an unhappy customer once. TS phoned us up, we had a chat with them, they sighed, and told the idiot customer to shove his head where it doesn't shine. End of.
Its an empty threat.
slippydiff said:
johnfm said:
Hey Slippy, I didn't know you were in to property!
Hi John, yep it's the only way to pay for all the fuel requirements for the "3" !
Sad to see you're Silver beaut is up for sale.
SNIP
Only 'for sale' in the speculative sense of the word. I'm in no hurry - its a fantastic beast. I drive it most days, but I hav a couple of properties on the go and I loked at another last week. TO be honest, I expect the GT3 wil be in the garage this time next year!!
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