I have been ripped off by and estate egent and need advice.

mischief18

I am needing some advice on a way to battle an estate agent regarding a dispute over a fee. The basic is that my partner and I viewed a rental property advertised through a London estate agent, we decided that we would like that property and were told that we would need to place a holding deposit of £500 to ensure that no other people were able to view it. We were then to pay a futher total of £2000 before we could move in. I paid the £500 but the next day my partner suffered an accident which stopped him from being able to work and we realised that we would not be able to afford the rent as he would not be able to work for a long time so I phoned the estate agent and explained this, he said I would not be able to get my deposit back. He told me to read the contract which he had forwarded to me by email. When I checked the time of the email I realised that it had been sent to me 45 minutes after I had made the initial payment. I wrote to the estate agent and sent copies of the transaction I made via debit card and a copy of the email to prove the time difference but they said that it wasnt their fault and they are going to keep my money.
I am needing some help on this matter and kindly asking for any advice that you can give, this was the first time I have ever dealt with an agent as I and feel very bullied by the company.

nelly_2

Personally I have found a baseball bat to be ideal in situation where people think they can keep my money and the reality of brain damage and broken shins.

MORPH3US

The EA should have made clear that the deposit was "non-refundable" before it was paid.

Unfortunately for you, because that could have been done verbally then its a case of your word against his!!

However a chat with this persons manager might get them to refund at least some of it, but at the end of the day its up to them. Go in nice though, agression will make them clam up and determined not to pay you back!

I would mention that it is very bad practice not to get someone to sign to say that they understand that the deposit is non-refundable. Did you not get any paperwork when you paid the £500 or was it over the phone?

Melissa177

Did he explain at the time that the deposit was not refundable if you changed your mind? Verbal contract works just as much as a written one.

If he did not tell you that, I'm not sure this is enforceable, as you were not told before you handed the money over.



Hmm. I really feel for you.

pawpurrs

just testing

mischief18

He didnt tell me before hand and it was in very small print in the document that they sent me AFTER I had paid.

I have tried speaking to his manager and got no futher other than been told I should have checked before making this payment.

The payment was made over the phone and they didnt even send me a receipt.

This whole experience has left me feeling upset and now completely untrusting when it comes to estate agents.

benood

Perhaps a call or threat of a call to your local newspaper might do the trick - it won't look good that they're taking advantage of your partner's sickness. Not all publicity is good publicity!

flufff

If you havent signed anything I would do a visa dispute

abbecer

Have a word with the Citizens Advice. They may be able to help.

Rebecca x

real1314

Hmm, whilst I sympathise, how could it be a holding deposit if it could be refunded if you changed your mind?

If you paid the money for the property to be held for you, then it can't be automatically refundable.

However you might have a case for claiming a proportion (quite a large proportion?) based on the fact that they only had to hold it for 1 day and were then able to re-market it.

Did the contract specify how long the £500 held the property for?

I'd have a look at the OFT site - there's a lengthy PDF file re renting terms.

raa_thistle

I think they need to give you the money back, due to the fact that they did not inform you of the fact that the deposit was non refundable. By making the payment that would presumably be deemed acceptance of the verbal contract. however because they did not inform you of this term it does not apply, as you cannot add terms after the agreement without both parties consent.

The question is who does the burden of proof lie upon, you to prove that they didn't inform you (impossible unless they recorded the conversation and would hand it over) or them to prove that they did.

Might be worth a trip to a local solicitor for a quick question, most will do the first brief questions for free anyway, but if you need stuff in writing then it gets costly.