The property ombudsman

Kate_fixing_it

Hi all,

Just looking for some advice (and hope!)

Long story short we applied to rent a property in early February 2012. Paid all fees, deposit and rent and started packing. 12 days before the move I drove past the house to show the kids and the previous tenant was putting out the bin in her PJs.

I contacted agent immediately and they knew nothing about her still being there. After some frantic calls they eventually told me she wasn't moving out as her new property wasn't ready.

I asked about an alternative and was told there was nothing available and I'd be refunded...I had 10 days to find us a home which I did and we're happy here.

The issue I have is that they kept £150 of administration fees. They also took 4 days to refund despite knowing the tight schedule.

I have since contacted them regularly (once or twice a month) via phone, email and post but they've consistently ignored me.

I've today completed the property ombudsman complaint form. I have written evidence from them that I was not to blame but they were keeping the admin fee (the last contact received) I also have copies of the references (new agent said they were useless) and a copy of the credit check which has in fact been done on the wrong address.

I have forwarded the complaint form and supporting documents in PDF format to all email addresses I can find for the letting agent (I cannot find one for head office or complaints so used all others I could find) with a covering email giving them until Friday to respond in writing.

As I've been ignored for so long I'm not anticipating a response and until today I thought the only avenue left was legal action but I'm afraid of the costs being prohibitive.

Has anyone any experience of the property ombudsman helping in such a matter and are there any other avenues to pursue?

Kate x

Doozergirl

I'm sure it's only about £25 to go through the small claims process and if it's found in your favour, they have to pay it. It really does sound like you've been taken for a ride by these people.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Kate_fixing_it

Thank you for your response. I thought it was much more than that! Thanks for the link, if I get no response I'll certainly give that a try.

Kate x

G_M

1) Is the agent actually a member of the Property Ombudsman Scheme?

2) Have you put your complaint, and claim, in writing (yes, a letter) to the agent?

3) Has the agent got a published complaints procedure? Have you followed it?

4) Have you written to the Director(s)?

Either follow the POS process (assuming they are members) or use the Small Claims track.

Kate_fixing_it

G_M wrote: »

1) Is the agent actually a member of the Property Ombudsman Scheme?

2) Have you put your complaint, and claim, in writing (yes, a letter) to the agent?

3) Has the agent got a published complaints procedure? Have you followed it?

4) Have you written to the Director(s)?

Either follow the POS process (assuming they are members) or use the Small Claims track.

Thank you for your response.

In answer to 1 and 2, yes to both. No response at all.

In answer to 3, I cannot find anything online or in any paperwork I've had from them detailing a complaints procedure.

In answer to 4, again I can't find a name of a director. I haven't used the specific word director in correspondence, I have addressed letters and emails to "the manager".

I've followed each letter with a phone call requesting a manager call back to discuss and resolve but I've had nothing other than one call back from someone who admitted she wasn't a manager and couldn't help me but would pass on a message. Nothing came of this.

I've been sending emails with read receipts and by 4pm today the email had been opened by two of the recipients.

G_M

Any update?

I've no experience of the POS, bit see that you need to allow the member firm 8 weeks before raising a complaint.

Or send the firm a letter headed "Letter before action" and then go to court.

Kate_fixing_it

The LA responded...19 minutes before my deadline! I got a very shirty email telling me my complaint should have been a letter (no acknowledgement that they've ignored all previous letters) and a scanned copy of the letter they'd sent saying they'll let me know what they intend to do, if anything, within 21 days and a scanned copy of their complaint procedure.

I'm grateful to finally have some acknowledgement however they haven't adhered to their own procedures (acknowledgement was 2 days late) and the person dealing with my complaint was named in the complaint! It also directly contravenes the ombudsman set code of practice.

I'm not going to contact them further. I've sent their responses to the ombudsman with a covering letter explaining that I'm unhappy about these points. Reading further on the ombudsman website it's out of my hands once the ombudsman accepts my complaint and begins to look into it anyway so no point wasting stamps on LA.

I'll update if I hear more but I can't seem to find anything on timescales for the ombudsman to deal with it and looking at case histories I'm not expecting a result before Christmas. At least it's been sent in though and LA must think I have a claim as they've ignored me until I've mentioned the ombudsman so I'm a little hopeful of a positive outcome for me.

I'm in two minds about forwarding a copy of the additional information to the LA although they'll see it soon enough when the investigation begins so I suppose it'd just give them a warning of what is to come and I believe any offer they make is void once the ombudsman is involved.

I'm more than happy to go down the court route if necessary. Thank you for your help and advice in this.

Kate x

Kate_fixing_it

Quick update, nothing from the LA but a letter arrived from the TPO today. I have a reference number and they will be in touch with the next steps once they've reviewed my paperwork. Much better than the customer service from the LA.

As I hear more I'll update.

Kate x