Estate Agent using my card to make payments without authorisation- legal stance?

missbeckylou77

Hi

There have been many mistakes by our E/A but for this one, I would like to understand where we stand.

We paid, using our debit card, upfront for a fee to use them as our E/A which is refundable on completion. This was back in November.

To my surprise £400 was taken out of my account by their conveyancing team on the 30th Dec. I couldn't get through to the office so the next day I went in to the E/A to ask them why. I sat there, drank coffee and chatted for over half an hour. At no point did they tell me that they had authorised the payment.

Today, I spoke to conveyancing team and they had no idea why money would have been taken without my consent. She then went to investigate and came back with the fact my E/A had authorised it on the card details I had given back in November.

Could anyone please shed some light, give me a way forward, let me know my legal rights????

Thank you.
Becky

ethank

Have you checked the sales agency contract. Quite often they tell you to sign here, here and here. In one of the agencies I appointed, one of those items was to appoint their in house conveyancers and giving authorisation to share details. I just put a line through it - saying I would use my own.

kingstreet

What's it for?

Are you selling only, selling and purchasing another property? Is it the payment for the search fees?

What did your welcome/appointment letter from the conveyancer say about this?

missbeckylou77

ethank wrote: »

Have you checked the sales agency contract. Quite often they tell you to sign here, here and here. In one of the agencies I appointed, one of those items was to appoint their in house conveyancers and giving authorisation to share details. I just put a line through it - saying I would use my own.

Thanks, I have just done this and it talks about a £60 fee only which I have an invoice for.

missbeckylou77

kingstreet wrote: »

What's it for?

Are you selling only, selling and purchasing another property? Is it the payment for the search fees?

What did your welcome/appointment letter from the conveyancer say about this?

Thanks, I am buying and selling. The payment is for searches, which obviously I knew I would have to pay at some point. The welcome letter outlines the payment upfront, but when talking to them this morning, they were very confused as to why the payment was not taken from us over a secure line. The digging around found that the E/A had authorised it using the card details we gave them in Nov.

theartfullodger

Call you bank, cancel that card, get a new one sent.

Then a calm, polite letter to EA expressing your unhappiness & requiring repayment by cheque promptly. If you have the time consider dropping in on their offices from 09:30-14:30 Saturday to loudly discuss their actions & you unhappiness, especially when anyone comes into the office.

Cheers!

missbeckylou77

theartfullodger wrote: »

Call you bank, cancel that card, get a new one sent.

Then a calm, polite letter to EA expressing your unhappiness & requiring repayment by cheque promptly. If you have the time consider dropping in on their offices from 09:30-14:30 Saturday to loudly discuss their actions & you unhappiness, especially when anyone comes into the office.

Cheers!

:T

For about the fourth time!!! These guys have been right royal pains in my ......

ethank

Did you use the inhouse conveyancer?

missbeckylou77

ethank wrote: »

Did you use the inhouse conveyancer?

Unfortunately, I did go down the Countrywide group route.

theartfullodger

missbeckylou77 wrote: »

:T

For about the fourth time!!! These guys have been right royal pains in my ......

Very good, very interesting: Have you taken the actions I suggested re bank & do you plan to take action as suggested re. next Saturday?? (Only the 2nd time of asking,.. how did you get to "for about the fourth time" when this is such a short thread??

Just to be clear you legal rights are to demand monies back & if not forthcoming taken them to court.. but I guess you knew that.

Cheers!

missbeckylou77

theartfullodger wrote: »

Very good, very interesting: Have you taken the actions I suggested re bank & do you plan to take action as suggested re. next Saturday?? (Only the 2nd time of asking,.. how did you get to "for about the fourth time" when this is such a short thread??

Just to be clear you legal rights are to demand monies back & if not forthcoming taken them to court.. but I guess you knew that.

Cheers!

Sorry, I was not clear.... For the fourth time meant the fourth time of me discussing loudly about how dissatisfied I am. They generally try to usher me in to the back office now!!!!!! I do intend to, and I liked your suggestion as it is the way I like to handle it. Sorry for the confusion.

Thank you for clarifying the legal position.