Letting Agent claiming back 8 months rent already paid to landlord

DaftyDuck

It's a difficult balance. jj is right, clause included, refund agent is required ... so agent doesn't see the need to fight, particularly if OP sounds soft; they lose nothing. If OP hits too hard, agent will simply dump the OP, and may lose nothing.

Somewhere in the middle is the agent sensing their best shot at getting their cash is chasing the bank and tenant, not the OP.

So, suggesting the agent has a better chance from chasing the tenant/bank is key.

JuicyJesus

I would strongly recommend that the OP get on to their agent immediately and instruct them to contest the DD indemnity claim pronto, as they clearly have evidence. There is provision for any refund to be clawed back should a payment be proven genuine.

However, at the same time, OP is apparently liable to pay the agent back.

kinger101

There was the rent insurance policy in the mix as well, and it might be a requirement of this that the agent has at least made some attempt contact the bank.

Marktheshark

You have reported them for fraud ?
Once you get a crime number, the bank can not be complicit in a crime of defrauding and must halt any proceedings with regards to the fraud as it can not assist an offender.
They can hardly argue about reversing the DD when the action is a crime.

jjlandlord

silvercar wrote: »

What would LA do, if the landlord had already spent the money and was broke? How hard would they then work to get the bank to act or to pursue the tenant?

It does not matter if the landlord has already spend the money.
And banks process payments, they are not debt collectors.

Obviously, as for all debts, if the debtor does not pay up the only option is to sue.

JuicyJesus

Marktheshark wrote: »

You have reported them for fraud ?
Once you get a crime number, the bank can not be complicit in a crime of defrauding and must halt any proceedings with regards to the fraud as it can not assist an offender.
They can hardly argue about reversing the DD when the action is a crime.

Utter crap.

dln

I see where you're coming from but I am beginning to feel that jjlandlord is right. However, I still feel that I must continue to fight this.

dln

I've talked to the policy people and they seem to be a branch of the letting agent. There is no hope there for me.

dln

Yes, that would be good.

I fear, however, that the problem is that the 'normal' procedure is simply to put a clause in the contract that the agent can collect from the landlord if there is a problem with the direct debit. It is easier taking on a landlord than a bank.

Thrugelmir

Sounds as if your (ex) tenants know the game. More than likely tried this before.