I was approached by one of the directors of Phoenix Business agents ltd in September 2009 to sell my 3 shops, cafe/bakerysituated in NW London. I was in a state as my father was not well and I had to travel abroad. He told me that he just sold similar business and that he has customers looking for the same type of business. I told him I was not interested as because of the recession I could not afford to pay any money upfront. He mentioned to me there is a cost to sell each business but I precise to him that I can't afford it unless he agrees that we will pay only if the business is sold. I even wrote "no marketing fee" on each contract which he asked me to sign and he took with him. He confrimed with me in the event I want to pull out of the contract, I just have to give one month notice in writing and there is no other catch. He seemed honest and very friendly. I was away when he came to take photos of each shop.
In June 2010, I received a call from a debt collector stating that I owe over 6000 and I need to make payment immediately or they will be taking me to court etc. He was very forceful, I told him I don't owe anybody and who his client is, then ne mentioned Phoneix Business agent Ltd. To my surprise I told him that I don't owe them any money as they are my agent trying to sell my 3 businesses and neither have they invoiced me any outstanding money due to them as they have not sold any of my businesses.
I was so upset as I am working hard and getting up at 2am to go to work till 6pm everyday. I put the phone down on him and came home to phone Phoenix Business Agents. I spoke to 3 different person in their office and no one could justify about the call from debt collector and promised me that one of their directors will call me. I waited nearly 10 days and was no phone call from them.
I decided to call their office and managed to speak to the same person that had come to see me. I explained the whole situation to him and he told me that it was a mistake from their accounts dept and was very unappologetic. I also mentioned to him that prior to the debt collector's phone call another one of their agents had called me to say that she was in my cafe and that she has customer who is looking for this kind of Business and if I would consider selling. I told her bluntly that I already have an agent marketing the sale of my businesses. To my curiosity I asked her which company she works for, and to my astonishment she replied Phoenix Business ltd. I told her to go and check her records and she will find that they are representing me already. At this time I was still being pestered by their debt collectors.
Since I was unhappy with their response regarding these matter I decided to give one month notice in writing detailing my unsatisfaction towards the way they have handled this complaint. And requested a written response from them regarding the one month notice. I sent the letter by registered post on 20th of June 2010.
We never received any correspondence from Phoenix except they were contacting me suddenly to arrange viewing for the businesses and I mentioned to them about the notice and they said they are not aware. After a few calls to arrange viewing again I mentioned to them that in my letter I requested that they don't represent me anymore and then they told me that they have the notice in one of their files and as there is still a month on the notice period they can arrange viewing which I accepted as my intention was to sell my businesses and respected the verbal agreement I had with them.
The only official response I got from them regarding my letter of termination dated 20th of June 2010 was in 18th of August 2010 which they stated that I need to pay over 10000 to them immediately as I have not completed the one year contract with them as stipulated in their contract clauses which I never saw or read as we agreed no marketing fee and one month pull out notice in writing and commision of 6000 in the event of sales.
I wrote to them to say about the agreement we had and their response was the contract clause 4 and 12 says you have to pay 3000 if you leave before one year so 9000 for my 3 shops plus vat.
They have been telling me they have been sending me outstanding balance per shops in June which I never received. Since then I have been contacted by their debt collectors almost everyday.
They have now agreed with my solicitor to accept half the amount. I do not want to pay them a penny as I feel I have been scammed. I am glad to have found that there are other vulnerable people who have been scammed by these people. If anyone can help me on this I will really appreciate it.
We would like to let other people be aware of Phoenix Business Agent Ltd tactics and scam. I hope if there are other people in the same situation they would come forward and we can all fight them and shame them.
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