DESPERATE HELP NEEDED - Admin fees

mayforher_2

Hi,

I am in such a predicament about my current situation, I have looked online for help but it's so dotted around I can't make any sense of it.

Basically, myself and my partner were going to make a big move to Manchester. My partner had arranged a work transfer and I was applying for jobs and had a back up plan of temping or commuting to current job if all else failed.

We found a house that was perfect for us and decided to apply. I called the letting agents and they said that to hold the property we had to pay £160.00 over the phone there and then, and this would cover all admin fees and credit checks.

The application forms were then emailed to me to fill out and send back. I filled the forms out eagerly, but didn't send them back the same day (OR AT ALL - THEYRE STILL IN MY LIVING ROOM!) as we were waiting for confirmation from our landlord that we could move out of current property.

TWO DAYS AFTER PAYING THE £160.00 my partner then received some bad news - that he couldnt get a transfer. Without a stable job between us in Manchester, we decided to hold off the move otherwise we would have ended up in a mess financially.

I called the letting agents and let them know that we couldnt proceed with the application because my partner couldnt get a transfer.

I explained that as we hadnt sent the application forms back, nor had credit checks, would we be able to have our admin fee returned to us - they had not actually carried out any admin work whatsoever. They said no, and said it was non-refundable (they never actually told me this before I paid it, nor had I seen any paperwork with it in writing - i feel quite stupid now thinking about it!)

They actually don't have any details apart from our names and phone numbers and my account details from which the £160.00 came from.

I was reading through the paper work and it said ON THE APPLICATION that the admin fee was non refundable and by signing the paperwork I am agreeing to understanding this.

My quandry is this - I havent signed anything! I have never signed anything and they have never carried out any credit checks or admin fees against me. The lady at the agency said that it was non refundable because they had changed the status of the property to "Let Agreed" on right move! Surely that doesnt cost £160?

Please can someone help me as to what to do - as far as I am concerned, they dont have any record of myself or my partner applying for that property.

They have taken £160.00 of our money for nothing. The tenants in the current property didnt move out until last week and this was 3 weeks ago, so the landlady hasnt lost any money in the 2 days the property was classed as "let agreed" on right move.

They also havent sent me a receipt!!!!!!

What can I do??? £160.00 is so much money to myself and my partner.

PLEASE if anyone can help I would really love your advice.

Thanks again for listening!

G_M

Since you have not signed the agreement, I would write to them stating this. You have now seen their terms and conditions and declined to accept them, therefore you expect your £160 to be returned. Do this in writing.

How they respond will depend what sort of agency they are, whether they have a complaints procedure, whether they are members of a recognised professional body with a code of practice etc etc.

You may get a refund. You may have to take them to a small claims court. you may choose to put it down to experience and walk away.

mayforher_2

G_M wrote: »

You may get a refund. You may have to take them to a small claims court. you may choose to put it down to experience and walk away.

I will write to them tomorrow. Thanks for that.

Out of interest, if you were in my position, what would you do?

G_M

I would write to them tomorrow!

OK - I would also research them a bit. Check their website if any for membership of ARLA or similar.

tbs624

Challenge them and if they won't play ball, go and have a chat with the local Trading Standards officer

Edit: you may want to remove the LAs name from your post They aren't members of ARLA btw

mayforher_2

Thanks for that too. I'm so annoyed with myself because I'm usually quite thorough with these kinds of things but because it was a really last minute decision to move, I was so stressed and excited I completely dropped the ball.

I will start with a letter and see where I go from there!

Any other advice or same-situation-stories would be of great help!

Thanks again

SouthCoast

Buying services - your rights

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_services_your_rights.htm

lovefreebie

as far as I am aware if you disputing it with your bank they should refund you. I used to work in the hotel industry there when someone did not show up and we charged on their cards non arrival, since we did not have anything signed by them then we had to refund them. Point this out to them also that you will speak to your bank it might make them refund you quicker, don't think you need to take them to court. Best of luck, sorry job transfer did not work out.

mayforher_2

lovefreebie wrote: »

as far as I am aware if you disputing it with your bank they should refund you. I used to work in the hotel industry there when someone did not show up and we charged on their cards non arrival, since we did not have anything signed by them then we had to refund them. Point this out to them also that you will speak to your bank it might make them refund you quicker, don't think you need to take them to court. Best of luck, sorry job transfer did not work out.

I hadnt thought of disputing with bank. I will put this as my next course of action along with another strong worded letter if they do not reply within 14 days.

I have sent them a letter - quite friendly really - pointing out all the obvious as I have in this post and a nice little paragraph I found on the OFT site saying that legally agencys are not allowed to take any money until the agreement has been drawn up and signed by both tenant and landlord, and also that to class any fees as "non-refundable" is actually against current OFT regulations.

I hope they reply because the more I wrote, the more I realised I was right. Glad I've asked for advice on here though. I would probably have left it.

Thanks for your kind words, im gutted it hasnt worked out too but we will keep saving for when we can eventually get work there.

princeofpounds

As you paid over the phone distance sellig regulations probably apply too, so you might have a cool-off period as well.

The basic rule anyway is that you are only subject to T&Cs shown before any exchange, so unless they told you it was non refundable on the phone they cannot hold it.

You will possibly have to go to small claims court though.

mayforher_2

Just thought I would update everyone who helped me - after a stron worded letter and a nudging email to the head of the company, a cheque for the money is on it way to me now

Thanks everyone!:beer: