Estate Agents taken money for house we no longer rent - won't give it back.

shauna4419

Hi all,

I'm just wondering if you have any advice about an estate agents which we used to rent a property before we moved into our owned house now.

We lived there between Oct 2015 - June2016. We moved out recently and were so pleased - I dropped the keys in and the member of staff said to me "That's all we need. I've cancelled all future payments, we have all the documents for your bond, so all done!". I confrirmed with them repeatedly, and then thought, 'great' and I stupidly didn't cancel the standing order because I assumed he had removed me from their systems and updated the property to not come out of my bank as there is someone else living there now.

My bad on that one, I know, but they've now taken my rent from me even though I've not set foot in the house since June 20th and gave the keys back on the 24th, so I rang to get them to give it back as we are not living there, don't have the keys anymore, and they had told me it was cancelled. They have said:

"Its not our fault'"
"Get your bank to refund it"
"We don't do refunds - so we can't send it you back"
"It's with the BACs lady but she isn't going to prioritise you."
"It will be with you by 3pm" (it never is).
"Stop getting your boyfriend to ring us - it won't help you." (he is calling as half of the rent is out of his bank...)
"I wondered when you'd ring today..."

They are just entirely rude and whoever you get on the phone tells you it's either being processed or they are not going to give it us back. I have remained polite but firm and they thoroughly could not give a care in the world. They left us in a house which they should have fixed (a shower and damp, and a 'tradesman' who used to miss us 'whilst we must have been in the bathroom' or 'vacuuming' so after 8 months of repeated complaints never actually materialised) and they now have £500 rent for a house we can't even access and are not responding to emails or calls about it now (they put it down now when we say why we are calling).

I contacted my bank but they have said that because we have authorised the payment for the past 8 months or so it's not classed as unauthorised and that the estate agents have to give it us back, not the bank (HSBC).

They also still have our bond, so they are looking at transferring us over a grand since the 24 June, and still not here. We have left the house tidy and provided them with the proof of utility payment they required but they haven't 'sent anyone to look yet.'

I have NEVER experienced 'service' like it, but we have spoken to the owner in person, via phone and in writing (he's the one who says it's our fault and tough basically) and there is no head office as it's a small independent company. They don't have a facebook page, any review section on their website or any other review function other than google's reviews (which they evidently don't read as they are currently 1*)

It feels as if there is no way to 'pressure' them into giving us our money, and it's almost as if ringing them every day is making them feel more inclined to not send the money but it is our money and we need it back!

Does anyone have any ideas on how to progress with this next? Is there a body of some kind we can contact? Is it actually illegal?

I know it's my fault for not canx standing order - thoroughly lesson learned from 1st renting experience - but aside from that is there anything we can do about the EAs?

hazyjo

A solicitor's letter might do the trick...


Jx

pimento

Letter before action. Seven days or see you in court.

Pixie5740

The letting agency didn't take the money, you sent it, they have no control over your standing orders. That doesn't mean to say they get to keep the money though. Send them a Letter Before Action and if they don't return the money then file a Money Claim Online.

As for the deposit, have you requested it back via whichever scheme it is registered with?

Bluebirdman_of_Alcathays

pimento wrote: »

Letter before action. Seven days or see you in court.

^^^^^^This

TBagpuss

Can yougo down in person? If they make excuses about BACS simply say "A cheque qill be fine. I'll wait.

The only time I had ttrouble getting money hback from a letting agent I founf asking very loudly and clearlyfor the returnfo the over money each time anyone else came in worked very well!

If you can't do that or don't feel it would work then a formal letter before action would be best - keep a copy and get proof of posting. Include in the letter your bank detls for the money to be paid and specifically state the dare on which you were told that it would be returned (e.g. on 11th Jult we were told the money would be refunced and would be in our accoutns by 3p .m that day. It was not. We were tod the same thing again on 14th July and again, no payment was recieved"

And in the mean time, can you not calim the deposit back in full from whichever scheme it is in?

gingercordial

I am confused about how you were paying, because you said

the member of staff said to me "That's all we need. I've cancelled all future payments,

Which would imply they were in control of this, ie pulling money from your bank by direct debit.

Then you say

I stupidly didn't cancel the standing order because I assumed he had removed me from their systems and updated the property to not come out of my bank

Which implies you were paying by standing order, ie a push from your bank to theirs.

So were you paying by DD or SO?

If by direct debit (rare for rent!) then you could make a claim under the direct debit guarantee as you have not authorised this payment and they would not have provided the correct pre-notification of the amount to be taken. If you are very sure that you were paying by DD then call your bank and say you want to reclaim an unauthorised payment under the DD guarantee.

Much more likely is that you were paying by standing order, which is your instruction to your bank to pay £x per month on a set date until you tell them to stop. This is the case even if the letting agent provided a form for it - that is just so people do them in the correct format. So your bank has continued to follow your instructions because you didn't tell them not to. It was 100% your responsibility to cancel this. The letting agent cannot cancel the payment instruction because they have no authority to tell your bank to do anything.

It isn't your bank's fault (they did what you told them to, which you authorised when setting up the SO) and they cannot recall it, and it isn't actually the letting agent's fault that you sent money to their account unasked for. The agent should refund you the money but they are under no obligation to hurry to sort out this admin problem which was not of their own making.

That said (and I apologise for sounding unsympathetic) it sounds like they are being rude and unhelpful and an utter pain to deal with, so I hope they send you the money back soon. But take it as a lesson that in future you need to be sharper on cancelling SOs after your last rent payment.

Guest101

Remind them if they don't return it, it's theft...


In fact I'd print out the legislation and report it to the police.

AdrianC

gingercordial wrote: »

I am confused about how you were paying, because you said

Which would imply they were in control of this, ie pulling money from your bank by direct debit.

Then you say

Which implies you were paying by standing order, ie a push from your bank to theirs.

So were you paying by DD or SO?

If by direct debit (rare for rent!) then you could make a claim under the direct debit guarantee as you have not authorised this payment and they would not have provided the correct pre-notification of the amount to be taken. If you are very sure that you were paying by DD then call your bank and say you want to reclaim an unauthorised payment under the DD guarantee.

Much more likely is that you were paying by standing order, which is your instruction to your bank to pay £x per month on a set date until you tell them to stop. This is the case even if the letting agent provided a form for it - that is just so people do them in the correct format. So your bank has continued to follow your instructions because you didn't tell them not to. It was 100% your responsibility to cancel this. The letting agent cannot cancel the payment instruction because they have no authority to tell your bank to do anything.

It isn't your bank's fault (they did what you told them to, which you authorised when setting up the SO) and they cannot recall it, and it isn't actually the letting agent's fault that you sent money to their account unasked for. The agent should refund you the money but they are under no obligation to hurry to sort out this admin problem which was not of their own making.

That said (and I apologise for sounding unsympathetic) it sounds like they are being rude and unhelpful and an utter pain to deal with, so I hope they send you the money back soon. But take it as a lesson that in future you need to be sharper on cancelling SOs after your last rent payment.

GingerCordial is bang on the money here. It's vanishingly unlikely the agent set up a DD - so you sent them the money. Yes, they should return it. But, no, it is not their fault that the money left your banks.

This bit of your post actually tells us that it wasn't a DD. Your bank have clearly tried to explain to you, but you are not listening...

shauna4419 wrote:

I contacted my bank but they have said that because we have authorised the payment for the past 8 months or so it's not classed as unauthorised and that the estate agents have to give it us back, not the bank (HSBC).

Oh, and...

They also still have our bond

No, they (the agent/LL) don't. The deposit protection scheme have your deposit - or should do. It's down to them to refund it.

You returned the keys on the 24th June, you say? Assuming that was the correct end date of your tenancy, that's still less than three weeks ago. The landlord has to confirm to the deposit protection scheme that they're happy for the deposit to be returned, assuming there's no deductions. Even once it's all agreed, there's still ten days for the deposit to actually be returned.