​Agents want their cut

Q. Last year I placed the sale of my shop in the hands of an agency. They did not manage to sell my business in the six months agreed in the contract, and I managed to sell it myself some time later. They have, however, now sent me a bill for several thousand pounds because they claim they once sent information about the business to the person who eventually bought the shop. They never sent me a copy of the contract. Does this mean it is not enforceable?

A. The contract will be enforceable if you signed it. It makes no difference that you didn’t receive a copy. However, you should take detailed advice on the contract terms. If they sent information to the eventual purchaser they may be entitled to an introduction fee. The six-month term agreed suggests that they may be too late, but you may find that the contract entitles them to commission on sales to purchasers who were circulated within six months, whether or not they completed within that period. Check with the purchaser when he actually received the information.

Record of a debt

Q.  I am trying to buy out my ex-husband’s share of our house, but I am unable to get his name removed from the mortgage because there is a second charge on the property relating to a business loan we took out 14 years ago. I can’t get the charge removed because the bank says it only keeps records for 12 years, and although my husband says the debt has been paid it is still on record as being owed. The bank refuses to discuss the matter with me because the loan is in joint names.

A.  Since you are “jointly and severally” liable for the debt the bank should discuss it with you. The bank has a duty of care to its customers, and you can sue it for negligence if it makes a mistake that costs you money. It would obviously be handy if you could find some details of the loan repayment. You should use the bank’s complaints procedure to ask them to provide evidence that the debt is still outstanding. If necessary, you can “warn off” the caution by sending a letter to the Land Registry. This puts the onus on the bank to show why the caution should remain on the register.

Wrong and late

Q.  My husband died after a wrong and late diagnosis of his illness. Do I just have to accept this?

A.  You should see a solicitor specialising in medical negligence cases without delay. The solicitor will obtain your husband’s medical notes, and, with the help of a medical expert, establish whether unacceptable errors were made in his treatment. It’s possible you would be entitled to financial compensation – for your emotional distress and for the loss of your husband’s income, for example, and for any time off you had to take to look after him. The solicitor may accept your case on a “no win, no fee” basis.

If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.

Michael Shiers is a partner and head of the dispute resolution team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk  Website: www.nash.co.uk