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

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Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would make a formal, written complaint, if I were you. Make it clear that they have used your card without your authority, and that this is unacceptable.

    I would speak to your bank about replacing the card, and I would also be querying with the conveyancers why they didn't query this - it is extremely unsual for agents to have anything at all to do with payments to a conveyancer and if they knew it was the agents doing it, why did they not clarify with you?

    I personally would feel that I no longer had confidence in either agents or conveyancers and would (as it seems you are still at the beginning of the process) be thinking about gettign a proper solicitor to take over
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Thanks all for your answers.
  • kingstreet
    kingstreet Posts: 39,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So you've used Countrywide to sell your home and have now "chosen" Countrywide to do your conveyancing?

    You really are a glutton for punishment.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • kingstreet wrote: »
    So you've used Countrywide to sell your home and have now "chosen" Countrywide to do your conveyancing?

    You really are a glutton for punishment.

    I 'chose' it right from the start without knowing how awful they were. I signed up for a x amount of cash back deal. By the time everything had started to get going, and I was busy arguing with them about certain things that had gone wrong with both the sale and the purchase, £400 had been taken out of my account which was non-refundable searches!!!!!

    Little bit stuck from that point and not very happy at all.
  • dodger1
    dodger1 Posts: 4,579 Forumite
    Can't OP just phone their own bank and say an unauthorised payment has been made and ask for the money to be debited back to their account? Or aren't things that simple.
    It's someone else's fault.
  • dodger1 wrote: »
    Can't OP just phone their own bank and say an unauthorised payment has been made and ask for the money to be debited back to their account? Or aren't things that simple.

    Thanks Dodger1... I did think about doing this but didn't want to delay anything for my house sale. Instead, I have written a letter of complaint and will be sending it to all parties.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Call the banks fraud department for an unauthorised use of the card and report it to the police.
  • missbeckylou77
    missbeckylou77 Posts: 28 Forumite
    Part of the Furniture 10 Posts
    edited 4 January 2014 at 10:53AM
    Call the banks fraud department for an unauthorised use of the card and report it to the police.

    Thanks... OH is a Police Officer and we discussed this at great length. Like I said, I want this house sale to go through to move in to my home so I knew I'd have to pay for this anyway. It's not a good situation and I will be writing letters of complaint right to the top for both the C and the EA.

    Will also write negative reviews wherever I can as it is terrible!!
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