Letting Agent claiming back 8 months rent already paid to landlord

Marktheshark

dln wrote: »

The agent has made a fraud report. Can I make one also for the same incident?

Yes as you are the intended victim.
The victim is the one who carries or suffers the loss, make a fraud report, argue a crime number and slam it down in front of the bank.

Roadblock tactics.

DandelionPatrol

dln wrote: »

The agent has made a fraud report. Can I make one also for the same incident?

Tell the agent you need the crime number. And check it out with the police. Report the crime if it does not check out.

Thrugelmir

dln wrote: »

Why has the tenant been able to claim back 8 payments with such apparent ease?

Claim yes. Be reimbursed no. Different matters.

dln

The first email from my agent said:

'Unfortunately your tenants of ???? have recalled 8 months rent totaling £3,800.'

Does this mean the tenant's claim is still ongoing or does it mean that he is in possession of the £3,800?

booksurr

dln wrote: »

This is the strange thing isn't it?

Why has the tenant been able to claim back 8 payments with such apparent ease? Can't we all claim back our previous DD's with the gas/electricity/council tax/ mobiles, etc etc. I think the financial system would then collapse!

if you read the DD guarantee you will see that it requires the collector to inform the payer in advance that a DD payment will be taken on X date (or in X days time)

failure to do so invalidates the DD and invokes the guarantee

any competent organisation (such as those you list) can easily meet this criteria by issuing a bill with a forward date of when the monies will be collected

for that reason the UK banking sector is very careful about who it allows to operate a DD scheme. For example, many clubs and societies are prevented from using DD because their bank will not authorise them to do so. As a result there is now a company who offers such a service for those types of organisation. One of the key features of what that company does is it ALWAYS sends a notification in advance of when the money will be taken

To me it sounds like the Op has a case against his agent for incompetence, clearly however proving such in court could get ££££

dln

Can I just run this past you again?

Everyone who pays a DD will have an advance notice that the DD will be take place on 'such and such' a date?

Will this only happen the first time the DD is set up or will it happen every time it is taken? Even it is a monthly DD?

Would my ex-tenant have been told 8x that money was going to be taken from his account i.e. every month he was in my property?

Any idea what this period of warning should be?

tom9980

dln wrote: »

Can I just run this past you again?

Everyone who pays a DD will have an advance notice that the DD will be take place on 'such and such' a date?

Will this only happen the first time the DD is set up or will it happen every time it is taken? Even it is a monthly DD?

Would my ex-tenant have been told 8x that money was going to be taken from his account i.e. every month he was in my property?

Any idea what this period of warning should be?

I would have thought the contract signed by tenant before taking possession of keys would possibly be notice enough? although maybe it would have to state by direct debit. Frankly i am baffled why any agent uses DD at all.

DandelionPatrol

dln wrote: »

Can I just run this past you again?

Everyone who pays a DD will have an advance notice that the DD will be take place on 'such and such' a date?

Will this only happen the first time the DD is set up or will it happen every time it is taken? Even it is a monthly DD?

Would my ex-tenant have been told 8x that money was going to be taken from his account i.e. every month he was in my property?

Any idea what this period of warning should be?

For a variable DD [eg phone bill], this should be notified payment by payment. For a fixed DD, it should be notified at least the once by amount and frequency. [At least, this is what I believe]

:idea: Perhaps your tenants thought that as they were not notified month by month, then they had not been notified properly?

Vectis

Wouldn't any 'advance notice' of DD be spelt out in the AST which the tenant signed? I can't imagine an AST which didn't state how and when the rent would be paid.

merlin1

this is interesting because i have never been warned in advance of dd payments that might be variable other than from my credit card.... 2 mobile contracts and a landline on dd that do vary have never informed me of what they are taking month to month?