Estate agent won't return holding deposit!

tallen

I'm hoping someone with experience in this sort of thing might be able to offer me some advice.

About 1 month ago I put a holding deposit (£325) down on a rental property after the estate agent handling it insisted I do so to secure it. They then went about contacting my various references only for me to find out about a week later that the current tennant has decided he no longer wants to leave the property and so I could no longer take it.

Naturally I expected my holding deposit back but after a week of waiting, nothing seemed to be transferred into my account. I then contacted the estate agent to ask why and they informed me that the transfer was made and I should have recieved it. I assured them that I hadn't and needed proof of the transfer because if what they are telling me is true, it is a bank error and I need to take it up with them. Of course, this proof has not been forthcoming (despite them telling me they would provide it) and quite clearly I am being given the run-around but a bunch of crooks!

I plan to contact the Citizens Advice Bureau for help tomorrow but was hoping someone with first-hand experience of this sort of thing might be able to advise me of the lengths they had to go to get their money back and if they were successful.

One additional point - as security, I asked them to email me before I transferred the money to state that I would get a full refund if the property was withdrawn from the market. How useful this will be, I'm not sure.

Many thanks in advance!

DVardysShadow

A deposit is only non refundable against a default by the deposit payer. In this case, the default is on the part of the deposit taker. In your position, I would write a short note to the Agent, giving them 7 days to pay the money back, otherwise you will take it to the small claims court. This is so clear cut that you should not give them very long.

tallen

Thanks for the reply.

I actually sent a short and blunt email on Thursday that asked them to provide me with proof of transfer by the end of the week otherwise I'd have no choice other than to issue a claim through the county court. Of course, there was no reply and I've still recieved no proof.

My concern is that if I do take them to a small claims court, this could end up being a costly option. Does anyone know the court fees involved in a claim for £325?

DVardysShadow

tallen wrote: »

Thanks for the reply.

I actually sent a short and blunt email on Thursday that asked them to provide me with proof of transfer by the end of the week otherwise I'd have no choice other than to issue a claim through the county court. Of course, there was no reply and I've still recieved no proof.

My concern is that if I do take them to a small claims court, this could end up being a costly option. Does anyone know the court fees involved in a claim for £325?

Costs £35, I believe. See https://www.moneyclaim.gov.uk/web/mcol/welcome

Hoof_Hearted

The reason you did not get your holding deposit back is because letting agents are basically a load of thieving scumbags.

DVardy's advice is the best. Lodge a small claim, which will make them move. Make sure you get your £35 back as well.

Geenie

Agree complete scumbags. If these so called estate agents are registered with some governing body, I would email them about the actions of their members. http://www.estateagentreview.co.uk/articles-how-to-complain.php Say exactly what happened. Often this sort of thing scares them more then joe public complaining unfortunately. While you are at it, contact Watchdog.

Good luck OP.

geoffky

name and shame please

tbs624

Geenie wrote: »

Agree complete scumbags. If these so called estate agents are registered with some governing body, I would email them about the actions of their members. http://www.estateagentreview.co.uk/articles-how-to-complain.php Say exactly what happened. Often this sort of thing scares them more then joe public complaining unfortunately. While you are at it, contact Watchdog.

Se also www.allagents.co.uk

OP - you can also take this LAs behaviour up with your local Council's Trading Standards Officer

I would avoid any LA or LL who seeks a holding deposit. Paying a tenant check fee and providing all that very personal information is a pretty good indication that a T is serious about applying for a tenancy.

adg1

Hoof_Hearted wrote: »

The reason you did not get your holding deposit back is because letting agents are basically a load of thieving scumbags.

Not all of them are.

You are due your deposit back, sit in their office and make lots of noise until you get it back, watching them do a same day transfer.

It is totally their loss that the current tenant pulled out.

angrypirate

Send them a letter telling them that you have taken the initial steps of legal proceedings to take them to a small claims court. Money should be with you in approx 30mins.

Name and shame please

satchmeister

tallen wrote: »

I'm hoping someone with experience in this sort of thing might be able to offer me some advice.

About 1 month ago I put a holding deposit (£325) down on a rental property after the estate agent handling it insisted I do so to secure it. They then went about contacting my various references only for me to find out about a week later that the current tennant has decided he no longer wants to leave the property and so I could no longer take it.

Naturally I expected my holding deposit back but after a week of waiting, nothing seemed to be transferred into my account. I then contacted the estate agent to ask why and they informed me that the transfer was made and I should have recieved it. I assured them that I hadn't and needed proof of the transfer because if what they are telling me is true, it is a bank error and I need to take it up with them. Of course, this proof has not been forthcoming (despite them telling me they would provide it) and quite clearly I am being given the run-around but a bunch of crooks!

I plan to contact the Citizens Advice Bureau for help tomorrow but was hoping someone with first-hand experience of this sort of thing might be able to advise me of the lengths they had to go to get their money back and if they were successful.

One additional point - as security, I asked them to email me before I transferred the money to state that I would get a full refund if the property was withdrawn from the market. How useful this will be, I'm not sure.

Many thanks in advance!

Did they reply to your email? If they did then it may well be admissible in court. Emails have been used as evidence where changes to employment contracts have been made. eg Company has policy saying no expenses can be claimed if six months old, email says OK you can claim, but company later (as part of dispute) says the email was invalid as contract needed to be changes in writing, court said email was valid and the expenses were to be paid.