Evening cococo I'm sure the contract would not stand up in court. I told them endleesly i wanted to go to court and it was as though they never heard me say it. They will try and scare you as much possible to take as much money from you before you find out too much. If you get some legal advice they may back off sooner. Good luck Brisbs

Hi cococo Trading standards will not get involved as this business to business, and they don’t cover so to speak. You should write to your local councillor demanding new laws to protect small businesses from getting ripped off by rouge companies. Let them know what’s going on.As for phoenix, stay calm and don’t panic. Been there and it is quite a scary place, feeling so helpless. The good news, after lost of research, I have found no information that they will take court action. They took one business to court and lost, and they were over £1500 out of pocket in court fees.So calmly state you are happy to take this matter to court, and let a judge determine whether their contract would be upheld by law. They will negotiate with you to pay half, they will act as they are doing you a favour, and being reasonable.State the fact in a previous court case, the judge ruled the fee you have been invoiced for was seen as a “penalty charge” and not a genuine pre-estimate of loss and therefore unenforceable by law. Wait and listen as they squirm, enjoy. Be assertive, don’t feel pressured, its like you’re talking to pushy sells people who wont take no for an answer. But the law is the law.Keep us posted. brisbs

Hello Conniff The monies paid upfront (£600.00) do say 'is refundable upon complietion of sale or upon termination accordance with clause 4 of the contract. The sales fee is agreed at £6000.00 +vat. The contract states: The vendor may otherwise elect to break the agreement at any time during the initial period by serving notice in writing on Phoenix whereupon a sum equal to half the agency fee shall immediately become payable to Phoenix as agreed compensation for the loss of opportunity to earn the full fee and in payment for work due up to the exercise of this option. The £3000.00 invoice is less the monies already paid. Today accounts phoned me again to negotiate a settlement figure. The sum has now gone down to £1500.00 inclusive. I’ve left it unsettle, and they are waiting for an answer. When I got home a letter from them stated they have not received the £3000.00, and will start court preceding on the 4Th July 2012. if the monies have not been received in full. I did get the feeling they will see how much money they can extract from each person without going to court. Why would they opt for £1.5k when I theoretically owe them £3k ?? Your advise is much appreciated. brisbs

Hi I have recently become another victim of Phoenix Business Agents. Back in September 2011 after signing their contract and paying them £600.00 which the salesman was very quick to point out this is refundable on sale, or if they don’t sale your business after 26 weeks and you wish to cancel the contract. I waited for the first viewing. After all I was told not to waste their time as they had buyers in the area wanting to buy businesses, and I must be serious about selling. 9 months passed without a single viewing. Phoenix not making any effort, or showing any interest. I decided to take my business off the market. This does seem to be what they anticipate. A week later arrives an invoice for £3000.00 They make a big deal about the £600.00 paid upfront being refundable. I find this deliberately misleading, as this hints no risk! I admit they don’t say it. But when someone tells you, you get your money back, you don’t jump to the conclusion you will receive an invoice for 5 times the amount. I now have daily calls at work from a patronising woman from accounts telling me she understands, but I should understand this is the law! Could she be more condescending? I’m told they will negotiate with me rather than go to court. She has had a word with her manager and now they are doing me a favour. I only have to pay £2000.00. I’ve told them, I would rather go to court. I ’m waiting for a response. I’m fuming. Surely this sort of shady and unscrupulous business practice is unlawful? Any advise is very welcome.brisbs

Hello all With regret I am another small business mis-sold to by Phoenix Business Agents. Back in September 2011 after signing their contract and paying them £600.00 which the salesman was very quick to point out this is refundable on sale, or if they don’t sell your business after 26 weeks and you wish to cancel the contract. I waited for the first viewing. After all I was told not to waste their time as they had buyers in the area wanting to buy businesses, and I must be serious about selling. 9 months passed without a single viewing. Phoenix not making any effort, or showing any interest. I decided to take my business off the market. This does seem to be what they anticipate. A week later arrives an invoice for £3000.00 They make a big deal about the £600.00 paid upfront being refundable. I find this deliberately misleading, as this hints no risk! I admit they don’t say it. But when someone tells you, you get your money back, you don’t jump to the conclusion you will receive an invoice for 5 times the amount. I now have daily calls at work from a patronising woman from accounts telling me she understands, but I should understand this is the law! Could she be more condescending? I’m told they will negotiate with me rather than go to court. She has had a word with her manager and now they are doing me a favour. I only have to pay £2000.00. I’ve told them, I would rather go to court. I’m waiting for a response. I’m fuming. brisbs