Visa Debit Chargeback

[Deleted User]

No mention of guarantor when I paid and filled in application. When they came back few days later to say that I required a guarantor, they said it was by request of the actual landlord. It wasn't the agents blanket policy to have guarantors based on someone with my credit file.

arcon5

ThumbRemote wrote: »

It might be reasonable to ask for a guarantor, but if there was no mention of this when the agents took the money then they can't just impose it as an additional requirement later.

As it stands it sounds like the contract has been breached by the agents, not by the OP, so a refund is due.

(I don't rule out there might be some term in some T&Cs that covers this; this obviously depends on whether T&Cs were issued and agreed to, what the wording is, whether it's a valid term etc).

Actually the fee is highly unlikely to be a sign up fee, just a fee for them to deal with the application. They've dealt with it and the landlord has effectively rejected it.

So no they haven't changed the agreement. Sucks ye, this is why you already check the terms of estate agencies, most are slime balls.

ValHaller

Buzby wrote: »

I don't believe you can - you are trying to get money back for a service (non-tangeable goods). You have no s75 protection for a debit card, and you will be relying on Visa's own scheme - however, this only covers tangeable goods - not a dispute over service provision.

As it was you who could not provide a guarantor (a pretty reasonable request) the agent did everything else to secure the service you required. It would not have been conditional on you getting entry as the work would be done even if your references came back and they declined you.

Your rights are pretty limited unless they promised a full refund in the case of no tenancy offer being completed.

This advice is not particularly useful. OP does not require a chargeback, he requires a refund.

OP was not asked for a guarantor at the time of handing over the deposit. So it is the LL and the Agent who have moved the goal posts and there is no fault on the part of OP unless he did not answer any application question truthfully.

Lee, you should write to the agent and ask for your money back. Keep copies of everything. You may need to take the agent to court.

The housing forum http://forums.moneysavingexpert.com/forumdisplay.php?f=16 is better able to advise on how to proceed.

bris

You paid a fee for the checks they need to make, this is a fee and not a deposit.

Because you failed their checks they asked you for a Guarantor thats all, the fee is still payable, the guarantor was just a way of still trying to let you the property.

[Deleted User]

ValHaller wrote: »

This advice is not particularly useful. OP does not require a chargeback, he requires a refund.

OP was not asked for a guarantor at the time of handing over the deposit. So it is the LL and the Agent who have moved the goal posts and there is no fault on the part of OP unless he did not answer any application question truthfully.

Lee, you should write to the agent and ask for your money back. Keep copies of everything. You may need to take the agent to court.

The housing forum http://forums.moneysavingexpert.com/forumdisplay.php?f=16 is better able to advise on how to proceed.

I will write to them and explain and ask for my money back. If I don't get anywhere then I will open up Money Claim.

NFH

Buzby wrote: »

I don't believe you can - you are trying to get money back for a service (non-tangeable goods). You have no s75 protection for a debit card, and you will be relying on Visa's own scheme - however, this only covers tangeable goods - not a dispute over service provision.

Where is it stated that Visa's chargeback scheme excludes services? MSE's own guidance on this suggests that services are included. Are you saying that MSE is wrong and why do you believe this?