Cases involving RTA (Business Consultants) in 2017 from http://www.reeveslegalconsultant.co.uk/cases-involving-anthony-reeves/ Cases involving Anthony Reeves NOTE OF JUDGMENT RTA (Business Consultants) Ltd v. Ms Kondje Selim Case No. C78YM641 Heard in Cambridge County Court on 8 March 2017 The case was heard before District Judge Raggett. RTA were represented by Counsel (Mr Chapito from LPC Law) Ms… Read Article →

From: http://www.telegraph.co.uk/news/2017/03/04/budget-2017-chancellor-philip-hammond-announce-ban-baffling/ The small print problem is especially bad for financial products, such as insurance. According to one study by Fairer Finance, which applied a little-known formula called the “Flesch Kincaid” reading score to nearly 300 insurers’ documents, a third of all insurance policy documents are written in a language that is only understandable to people… Read Article →

AN UNCONSCIONABLE CONTRACT An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice. This is usually due to major differences in ‘bargaining power’ between the parties. “Inequality of bargaining power”… Read Article →

Further to the RTA v Bracewell High Court case, LOST by RTA, readers should note that Judge Seymour QC used Council Directive 85/577/EC in deciding that Mr Bracewell was not a Consumer; BUT as you can see by the extract below from the actual Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (which came into force on… Read Article →

From: http://e-lawresources.co.uk/Unfair-Terms—Regulation-by-statute.php Intro In addition to the protection offered by the common law, there exists statutory protection from unfair terms in the form of the Unfair Contracts Terms Act 1977  and the Unfair Terms in Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 is a piece of primary legislation whereas the Unfair Terms in Consumer… Read Article →

In RTA’s Contracts there is usually a Clause about ‘Agreed’ Liquidated Damages. Well, did you Agree? According to various Judgments, the parties to a contract may or may not have had ‘equal bargaining power’. (See Unfair Contract Terms Act 1977). Was there any bargaining done before you entered what RTA term ‘an agreement’? Chances are,… Read Article →

To comply fully with The Money Laundering Regulations – since 1st April 2014 administered by HMRC as that is when the Office of Fair Trading ceased to exist – several  Judges have ruled that an Estate Agent (or a Business-sales agent) should comply with “Customer Due Diligence” measures to check the beneficial owner(s) of a… Read Article →

WAS THE BUSINESS TRANSFER AGENT THE EFFECTIVE CAUSE OF A SUCCESSFUL SALE? From: http://www.nortonrosefulbright.com/knowledge/publications/98571/agents-battle-over-commission Enhanced pressure on agents is leading to disputes about whether or not any commission is actually due even where it is evident that an agent has committed a significant amount of time and effort in researching a property, advising on its… Read Article →

http://www.mirror.co.uk/news/uk-news/press-can-not-stopped-reporting-3835510 The story they didn’t want telling The case that a court minion and lawyer tried to keep secret concerned a notorious firm called RTA, which claims to market businesses that are for sale. Its latest target was Baron Marcus, who runs a hardware store called So Many Things at an age when most people… Read Article →

The latest legislation which came into force 13th June 2014 defines “off premises contracts” as   a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; For “trader” please read any… Read Article →

Deputy District Judge Keith Nightingale threw out the case and was scathing about RTA’s terms. He said: “The contract, it seems to the court, has clauses which are wholly one-sided and quite frankly it is a document that does not seem fair or balanced whatsoever.” http://www.mirror.co.uk/news/uk-news/business-transfer-agents-time-government-3288539#ixzz2xRPwnxUa A similar contract is below:

In the text below, please read “Business Marketing Agent” instead of “Bank” – it may help your defence. From: http://www.nortonrosefulbright.com/knowledge/publications/33545/mis-selling-claim-springwell-navigation-corporation-v-jp-morgan-chase-bank The less sophisticated the investor is, the higher the duty of care of the bank (even in the making of opinions). Banks should continue the good practice of determining the investment criteria and risk profiles… Read Article →

“If companies like RTA tell you there is a buyer for your business, then beware!” is the headline in Andrew Penman’s Daily Mirror article – which follows: Wish I could make money this easily – £6,000 in just an hour and a half. That’s what Paul O’Reilly, the boss of a controversial firm of business… Read Article →

From: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/31356/12-960-supply-of-services-impact.pdf Implied Terms When consumers buy a service, they enter into a contract with the business providing that service. Consumers can expect the service under the contract to be delivered with “reasonable care and skill” regardless of whether the contract make direct reference to the standard or not. The law states that “reasonable care… Read Article →

Consumer or not a consumer In the RTA situation, much argument has been made on whether customers are “Consumers”. If they are, then they are covered by number of important protections, including: a right to cancel, a criminal sanction in that RTA’s contracts and business practices do not include provision of information on this right… Read Article →

Please email the people below with your name, address, claim number, court name and the last date for filing your evidence bundle, along with a polite request asking if they would send you an original signed copy of their witness statement to help with your court. It cannot be guaranteed that any will respond as… Read Article →

** PLEASE NOTE – Davies withdrew his appeal in the High Court so you are unlikely to win a case where your defence is that you are a consumer. This section is now obsolete ** In current RTA cases, RTA are stating that the defendant cannot be a consumer because of a County Court Appeal… Read Article →

This handbook shows that, although you were offered a valuation, RTA were aware that this is what you expected but that they had no intention of providing one. Document6.RTAHandbook

This document is useful where defendants are claiming that the valuation was wrong. RTA will claim that they don’t provide valuations and yet they have a Valuation Department and they offered valuations on their website. Document5c.FeesChargesAndCostsBrochure

Complaints from other RTA clients OTHER RECORDED COMPLAINTS ABOUT THE CLAIMANT GRAHAM SHORT SAID: I have had my property on the market with them since december 2007, have only had contact with them once since then and that was because i rang them for a update in febuary 2008. no one has ever been to… Read Article →

Click here for a downloadable version of this document   INVESTIGATIONS BY THE MIRROR NEWSPAPER         WE’RE DRACONIAN ADMITS MANAGER OF RTA   http://blogs.mirror.co.uk/investigations/2011/06/yes-we-are-draconian-admits-ma.html   JUNE 29, 2011   We’ve already had a few run-ins with Paul O’Reilly, boss of what claims be Europe’s largest privately owned business sales agency, and now… Read Article →

The important part of this document is on page 6 where RTA state that they will advertise in local, regional, national newspapers and magazines.  There is nothing in this document that says that they wouldn;t be doing this for the client’s business.

URL: http://www.bailii.org/ew/cases/EWCA/Civ/1976/4.html Cite as: [1976] 2 All ER 5, [1976] QB 801, [1976] EWCA Civ 4 Please support BAILII by doing our very short User Survey. [New search] [Context] [Printable version] [Help] JISCBAILII_CONTRACT Neutral Citation Number: Case No. 1966 E No. 2971 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL ON APPEAL FROM THE… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. The documents in… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. The documents in… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. The documents in… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a professional debt advisor, or solicitor about any claim against you.  You have just 14 days to respond to any Claim against you… Read Article →

Click here to view this document on the Legislation website   STATUTORY INSTRUMENTS 1987 No. 2117 CONSUMER PROTECTION The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 Made 7th December 1987 Laid before Parliament 16th December 1987 Coming into force 1st July 1988 The Secretary of State, being a Minister designated(1)… Read Article →

Click here to view this document on the Legislation website   To be returned to HMSO PC12CI for Controjter s ibra;y Run No. ((‘5S Bin No.Otj Box No. VOW (q2z. Section Supply of Goods and Services Act 1982 CHAPTER 29 ARRANGEMENT OF SECTIONS PART I SUPPLY OF GOODS Contracts for the transfer of property in… Read Article →

Click here for a downloadable version – Misrepresentation Act   Changes to legislation: There are currently no known outstanding effects for the Misrepresentation Act 1967. (See end of Document for details) Misrepresentation Act 1967 1967 CHAPTER 7 An Act to amend the law relating to innocent misrepresentations and to amend sections 11 and 35 of… Read Article →

IN THE WHERE COUNTY COURT CLAIM NO : 1AA99999 BETWEEN:   RTA (Business Sales) Limited (Claimant) And   Mr Defendant (Defendants)   BAILII Citation Number: [1956] EWCA Civ 3 Case No.: IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL Royal Courts of Justice, 26th March 1956 B e f o r e : LORD… Read Article →

IN THE WHERE COUNTY COURT CLAIM NO : 1AA99999 BETWEEN:   RTA (Business Sales) Limited (Claimant) And   Mr Defendant (Defendants)       IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE MAYOR’S AND CITY OF LONDON COURT (HIS HONOUR JUDGE McDONNELL) Royal Courts of Justice Courts of… Read Article →

IN THE WHERE COUNTY COURT CLAIM NO : 1AA99999 BETWEEN:   RTA (Business Sales) Limited (Claimant) And   Mr Defendant (Defendants)     Neutral Citation Number: [2008] EWCA Civ 419 Case No 6KT01606 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM KINGSTON UPON THAMES COUNTY COURT (HER HONOUR JUDGE… Read Article →

IN THE WHERE COUNTY COURT CLAIM NO : 1AA99999 BETWEEN:   RTA (Business Sales) Limited (Claimant) And   Mr Defendant (Defendants)         BAILII Citation Number: [1914] UKHL 1     HOUSE OF LORDS         Date: 01 July 1914 Between:    DUNLOP PNEUMATIC TYRE  COMPANY, LIMITED APPELLANTS   – v -… Read Article →

RTA-vs-Draper – click here for a downloadable version   IN THE PETERBOROUGH COUNTY COURT Claim No: 8SF07494 Crown Building Rivergate Peterborough Cambridgeshire PE1 1EJ 28th October 2009 BEFORE: HIS HONOUR JUDGE DE MILLE RTA (SALES) LIMITED CLAIMANT -v- G DRAPER DEFENDANT The Claimant appeared in person MR WILLIAMS appeared on behalf of the Defendant Transcript… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. If you get… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. If you receive… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. You should receive… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. When you need… Read Article →

A few notes about Part 18 requests. Part 18 requests cannot be used on the small claims track. Cases are allocated to a track AFTER the allocation questionnaires are sent back So a Part 18 request can only be done in the time from receiving the summons to sending back the Allocation Questionnaire A part… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. Your defence will… Read Article →

As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you. So, you’ve received… Read Article →

If you feel that your business was over-valued and this contributed to your decision to rescind the contract or to RTA’s failure to provide any viewers then you will need to show what the true value of the business was. Ask your accountant to look at your accounts for the period closest to when you… Read Article →

Detail your complete story and send this to :- a) Your local Trading Standards – find it via Google b) Office of Fair Trading – enquiries@oft.gsi.gov.uk c) Companies Investigations Branch (CIB) – enquiry@cib.gsi.gov.uk d) The Mirror Newspaper – Andrew.penman@mirror.co.uk e) Watchdog – watchdog@bbc.co.uk

Please create a new post in the ‘Property Ombudsman’ Forum so other users can see the progress you are making and also be able to provide assistance to you. The Property Ombudsman Service (TPOS) can look at complaints that have arisen since September 2011 – usually, your contract needs to have been signed after this… Read Article →

You should get an initial response from RTA within 14 days and a full response within 28 days. If you get no response then send a reminder letter (send signed for) and include a copy of your original complaint. If you still do not get a response or do not have your complaint answered in… Read Article →

If you have a dispute with a Business Transfer Agent then the first step you need to take is to make a formal complaint using the company’s Formal Complaints Process. If you can’t find the process on the company’s web-site then write a letter asking how you can complain about the service. You MUST take… Read Article →

Office of Fair Trading Trading Standards The Property Ombudsman Companies Investigation Branch Legal Info Institute

If you are thinking of selling your business you may want to advertise it yourself in a newspaper or specialist commercial property paper or you may be considering using an agent. Selecting an Agent: As with any service you are considering purchasing we would offer the following advice – Try to get recommendations from people… Read Article →

My name is Dawn Burdett and I’m a married mother of 2 from the East Midlands. I signed a contract with RTA in August 2005. Like Gill Draper, I didn’t have the up-front fee so they upped the withdrawal fee. Again, like Gill, the rep said the contract was for 12 months. He valued the… Read Article →

My name is Gill Draper. Me and my partner own a pub in Cambridgeshire. On the 23rd of November 2006 we asked for a rep from rta to come to see us, we had flown in from Spain as the people renting the pub wanted to come out so we decided to sell it.The salesman… Read Article →

My name is Tina Papworth. I signed up with RTA in Nov 2008. The sales man was very nice and I assumed the contract was like any other agents contract. 6 months into the agreement I asked to be released from the contract as my house was being repossessed but they refused. Nearly a year… Read Article →

My name is Majid Ahari. On March 20th 2009, RTA , following six months of intensive and aggressive Telephone calls /faxes to our office, came to our Havant office at Hampshire to price our Business (which was a Civil Engineering Company), their agent without inspecting our company’s accounts estimated price of our Business as £713K… Read Article →

My name is Mal. My husband and I have a greeting card shop. Someone from RTA called us in early January 2010 and as we’d been planning our retirement, we agreed to see one of their representatives on 26th January. The rep arrived and we discussed the sale in the shop, in between serving customers… Read Article →

I own a newsagents/off licence in Leeds in April 2006 we put it on the market with RTA, we paid an up front fee of £750 + vat. My Wife initialed all the monetary obligations on the contract with the representative but he never mentioned the withdrawl fee and never asked her to initial it… Read Article →

My very good friend was persuaded to sign up with RTA, having had several telephone calls asking to speak to the company owner and offering to sell his company. Because he wanted to sell, he arranged an appointment for RTA’s representative to come to see him. RTA’s man arrived, asked lots of questions, looked at… Read Article →

http://blogs.mirror.co.uk/investigations/2012/02/and-welcome-back-to-the-column.html 22nd FEBRUARY, 2012 After a brief absence, it’s time to welcome back RTA “business sales specialists”. We revealed last summer how the firm’s manager Ceri Edwards admitted its contracts were “draconian” and “heavily weighted in RTA’s favour”. Previously we’ve told of clients whose businesses were not sold but RTA still demanded huge fees. Now… Read Article →

http://www.conveniencestore.co.uk/advice/retail-advice/dear-jac/build-up-your-energy/224899.article 6th JANUARY, 2012 Despite what anyone in government ever says, there will be more rules and regs to comply with come April. One you need to know about, if you decide to put your business on the market, is an energy performance certificate (EPC). I became aware of this after two retailers contacted me… Read Article →

We’re draconian admits manager of RTA business sales firm http://blogs.mirror.co.uk/investigations/2011/06/yes-we-are-draconian-admits-ma.html JUNE 29, 2011 We’ve already had a few run-ins with Paul O’Reilly, boss of what claims be Europe’s largest privately owned business sales agency, and now things have turned particularly nasty. O’Reilly wrote to one unhappy customer who’d seen our stories to tell him: “What… Read Article →

Businessmen, please beware RTA Business Consultants 22nd March 2011 on NoodleIt.com http://www.noddleit.com/nod/i6875 The Federation of Small Businesses, who we are part of, are warning their members about using RTA (Business Consultants) Limited – they have RTA listed in their ‘scams library’! Small businesses are losing large sums of money by attempting to sell their businesses… Read Article →

Reported : 16th May 2010 Story reported in The Grocer by Jac Roper “As I write this Jaswinder Singh Dhesi and his wife Sukvinder Kaur are celebrating in Tamworth following a court victory with business transfer agents RTA (which the Daily Mirror’s investigations team says stands for ‘road traffic accident’. Just Google to read all… Read Article →

Reported by Jac Roper, The Grocer http://www.thegrocer.co.uk/articles.aspx?page=independentarticle&ID=200589 12 June 2009 Sukhvinder Kaur and her husband Dhesi Jaswinder have been having a serious barney with business transfer agents RTA. She writes: “In March 2006 I put my shop on sale through RTA. I had also paid them an advertising fee up front. However, in August 2008… Read Article →

http://blogs.mirror.co.uk/investigations/2009/12/we-nail-that-rta-sales-pitch.html DECEMBER 16, 2009 Our old mate Paul O’Reilly wasn’t pleased to hear from us. “You will obviously be aware that I have always found your tactics distasteful and you do nothing more than emphasise this view with your latest approach,” said the boss of RTA (Business Consultants) Ltd. His outfit claims to help people… Read Article →

http://blogs.mirror.co.uk/investigations/2009/04/rta-business-consultantswant-2.html APRIL 15, 2009 Fancy £26,450 for not doing anything useful? That seems to be what commercial estate agents RTA Business Consultants want. We’ve written before about this lot taking fees from people wanting to sell their businesses, and who then get no offers. But we’ve not come across anything like this. Ken Bryan paid… Read Article →

http://blogs.mirror.co.uk/investigations/2009/03/rta-business-transfer-agents–.html MARCH 26, 2009 Underhand, wrong, unfair. That’s us, according to Paul O’Reilly, director of business transfer agents RTA (Business Consultants) Ltd, who slated us in a letter to one of his unhappy clients. Valda Thorn put her pub on the market with RTA, paying £3,500 in late 2007 after being told it would sell… Read Article →

http://blogs.mirror.co.uk/investigations/2009/01/rta-estate-agents-accused-of-f.html JANUARY 8, 2009 In police parlance, an RTA is a road traffic accident. Which seems apt, because a firm named RTA (Business Consultants) Limited is a car crash of a business. It claims to be the most successful privately-owned business estate agency – not just in Britain, but in Europe. Among those who’d disagree… Read Article →

http://blogs.mirror.co.uk/investigations/2008/09/rta-didnt-sell-my-shop-and-sti.html SEPTEMBER 4, 2008 Surf shop owner Steve Clarke paid estate agents £750 to sell his business and was asked for another £500 to cancel when they failed to do do. Steve put his Cornwall shop up for sale with RTA (Business Consultants) Ltd, of Stockport, but said: “Only once in 12 months did they… Read Article →

http://blogs.mirror.co.uk/investigations/2007/09/rta-failed-to-sell-our-shop-bu.html SEPTEMBER 20, 2007 NO one likes a bill out of the blue, so you can picture how Peter and Sandra Hoyland felt to get a demand for £22,000 from a firm they hadn’t dealt with for more than four years. In 2002 they paid business estate agent RTA (Business Consultants) Ltd £750 to put… Read Article →

http://www.conveniencestore.co.uk/advice/selling-up/190997.article 27th JULY, 2007 Yes, life is too short to read all the contracts you come across with their various clever and convoluted clauses (always written, bear in mind, on behalf of companies with better lawyers than you are ever going to be able to afford). But there is one where I urge you to get… Read Article →

http://www.conveniencestore.co.uk/advice/dear-jac-selling-up-sign-your-name-here/190256.article 20th OCTOBER, 2006 Except, as regular readers will know, you need to watch what you sign. Following my write up of Raymond Brunt’s court clash with business transfer agents RTA, four other retailers got in touch, all saying variations on “the same thing happened to me”. One of them, who prefers to remain anonymous… Read Article →

http://www.conveniencestore.co.uk/advice/dear-jac-the-retailer-the-business-transfer-agent-and-the-court-case/190145.article 22nd SEPTEMBER, 2006 This one is so quirky you couldn’t make it up. Raymond Brunt is the retailer and he tells me that he often gets reps calling at his store, Penningtons at Leigh in Lancashire, offering everything from cheaper power to double glazing. He says he has a hobby that usually dissuades salespeople…. Read Article →

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