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Claiming back a mistaken standing order
Sammancub
Posts: 1 Newbie
Hi this is my first time posting.
I'm having a major problem with a standing order I used to make to my landlords. I rented from them for some time without issue, and paid £480 per calendar month via standing order to their account. When the time came for me to move, I gave my landlords enough notice and we agreed a leaving date. The leaving date was halfway through the month so my final standing order was agreed with them to be £240, half of my normal monthly payment. No problems so far.
I went into my bank, Lloyds TSB, and instructed the assistant at the counter that I needed to cancel the standing order after the next payment in July, which was to be half of the current amount (from £480 halved to £240). She repeated to me what I had said, and showed me that it had been amended to £240.
Then I went away for two months, content that my standing order had cancelled and the last payment of £240 had gone out to my former landlords. However, when I returned and checked my statements I found that although the £240 July payment had gone from my account, so had payments of £240 each in August and September, leaving me £480 out of pocket. I was mortified. I went straight into Lloyds and asked why this way and was told the standing order had not been cancelled. I cancelled it then and there and asked if there was any way to retrieve the money to my account, but was told no. I can't remember who served me initially other than that she was female.
My next resort was to obviously ask my former landlords to reimburse the unsolicited and unexpected windfall they had received, which they have so far refused - these are the same landlords who greedily kept my bond without consultation when I moved - I am sure anyone who has even rented knows the type of landlord this is.
I need to know if there is any way to claim the money back as £480 is a lot of money to me and I have struggled (more than usual) the last two months without it, and have only figured out why as I've returned home.
If anyone has any ideas on how to correct this please help.
Sam
I'm having a major problem with a standing order I used to make to my landlords. I rented from them for some time without issue, and paid £480 per calendar month via standing order to their account. When the time came for me to move, I gave my landlords enough notice and we agreed a leaving date. The leaving date was halfway through the month so my final standing order was agreed with them to be £240, half of my normal monthly payment. No problems so far.
I went into my bank, Lloyds TSB, and instructed the assistant at the counter that I needed to cancel the standing order after the next payment in July, which was to be half of the current amount (from £480 halved to £240). She repeated to me what I had said, and showed me that it had been amended to £240.
Then I went away for two months, content that my standing order had cancelled and the last payment of £240 had gone out to my former landlords. However, when I returned and checked my statements I found that although the £240 July payment had gone from my account, so had payments of £240 each in August and September, leaving me £480 out of pocket. I was mortified. I went straight into Lloyds and asked why this way and was told the standing order had not been cancelled. I cancelled it then and there and asked if there was any way to retrieve the money to my account, but was told no. I can't remember who served me initially other than that she was female.
My next resort was to obviously ask my former landlords to reimburse the unsolicited and unexpected windfall they had received, which they have so far refused - these are the same landlords who greedily kept my bond without consultation when I moved - I am sure anyone who has even rented knows the type of landlord this is.
I need to know if there is any way to claim the money back as £480 is a lot of money to me and I have struggled (more than usual) the last two months without it, and have only figured out why as I've returned home.
If anyone has any ideas on how to correct this please help.
Sam
0
Comments
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Not much to offer I'm afraid apart from my sympathy. I have dealt with a dodgy landlord before, so know where you're coming from.
You were obviously a good and reliable tenant (like me!) and always did things right. Many people would not have paid the last half months rent in the assumption that they won't ever recieve the deposit.
Things to try however.
1. Bank. Complain through internal Lloyds procedures then ombudsman. May not work - but surely worth trying.
2. Police/small claims court. The money is still legally yours - even if it is sitting in someone elses bank account. It should be clear that it was a mistake - ie do you have a copy of a reciept/letter to landlord notifying him of date of leaving.
Best of luck. I hate the sleasy money grabbing !!!!!!!s!0 -
Actually thinking about it, option 2 must be a certainty. No court in the land (not even Judge Pickles) would believe that you were making a £240 gift to your ex landlord each month after leaving. This after all could be his only realistic defence.0
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1) ask Lloyds why they didn't cancel the SO - you need to know what you signed, because they may have thought you just wanted to reduce it each month. If you signed a cancellation form and they just reduced it, then it would seem to be the bank's fault and they would need to claim the money back, re-imbursing you in the meantime.
2) You could write to the ex-landlords, stating that they had no legal right to the extra 2 payments and now they have been informed, holding onto the money would be considered theft, and that if they do not return the full amount in 14 days time (a reasonable length to sort things out) you will inform the police and file charges for theft. To be able to deny theft, I should think they would need to prove entitlement to the extra £480, which, as you had left 10 weeks' earlier, would appear to be difficult for them.
Good luck.You've never seen me, but I've been here all along - watching and learning...:cool:0 -
LongTermLurker wrote: »1) ask Lloyds why they didn't cancel the SO - you need to know what you signed, because they may have thought you just wanted to reduce it each month. If you signed a cancellation form and they just reduced it, then it would seem to be the bank's fault and they would need to claim the money back, re-imbursing you in the meantime.
2) You could write to the ex-landlords, stating that they had no legal right to the extra 2 payments and now they have been informed, holding onto the money would be considered theft, and that if they do not return the full amount in 14 days time (a reasonable length to sort things out) you will inform the police and file charges for theft. To be able to deny theft, I should think they would need to prove entitlement to the extra £480, which, as you had left 10 weeks' earlier, would appear to be difficult for them.
Good luck.
That's what I said!0 -
Yeah I know but I'd already posted it before I read yours and couldn't be bothered deleting it - you hadn't posted in the version I was reading cos I'd opened it 5 minutes earlier along with another dozen or so tabsstorminbalder wrote: »That's what I said!
'sides, I put more details in
You've never seen me, but I've been here all along - watching and learning...:cool:0 -
LongTermLurker wrote: »Yeah I know but I'd already posted it before I read yours and couldn't be bothered deleting it - you hadn't posted in the version I was reading cos I'd opened it 5 minutes earlier along with another dozen or so tabs
'sides, I put more details in
Aye. You were a little more eloquent anyhow.0 -
You don't sign anything to cancel a standing order (or direct debit) these days.
From what has been written the bank amended the original standing order but did not comply with OP's instruction to cancel S/O after the payment of £240 was processed.
IMO it is the bank's fault and they should do their utmost to get your money back or pay it back themselves.
I agree that if you contact the Bank's customer support team they would look into this for you.0 -
In the bank I work for any cancellations, changes or new standing orders or direct debits have to be signed...0
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I cancelled a standing order this week and didn't have to sign anything. Have also cancelled a direct debit in the past without signing.Lost my soulmate so life is empty.
I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
Diana Gabaldon, Outlander0 -
So your bank does not offer internet or telephone banking?itsnothing wrote: »In the bank I work for any cancellations, changes or new standing orders or direct debits have to be signed...0
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