Overpaid rent, how do I get it back?

Scornpaul

Good afternoon experts!

So, I've just moved out of my property and everything is fine, except for the fact that I forgot to cancel my standing order. Consequently, a whole months rent was paid on the 31st October in error. I contacted the estate agent immediately, as well as my bank but here we are, 9 days later and the only information I have from the agent is that they're "chasing it up" whilst my bank can't do much at all. It's not a small amount at £1400 and, with new deposits and rent paid on a new property etc, I've had to borrow money from friends just to eat... Do I have any recourse or legal grounds to demand these funds back? How long is reasonable?

To clarify, this is nothing to do with deposits or property damage etc, that's being handled separately.

Thanks peeps!

Bluebirdman_of_Alcathays

Letter before action - give them 14 days, then sue them.


As it isn't a deposit and this is a sum transferred in error (ie not working capital) the only reasonable period they should keep it is the duration it takes to send it via BACS.

chucknorris

Scornpaul wrote: »

Good afternoon experts!

So, I've just moved out of my property and everything is fine, except for the fact that I forgot to cancel my standing order. Consequently, a whole months rent was paid on the 31st October in error. I contacted the estate agent immediately, as well as my bank but here we are, 9 days later and the only information I have from the agent is that they're "chasing it up" whilst my bank can't do much at all. It's not a small amount at £1400 and, with new deposits and rent paid on a new property etc, I've had to borrow money from friends just to eat... Do I have any recourse or legal grounds to demand these funds back? How long is reasonable?

To clarify, this is nothing to do with deposits or property damage etc, that's being handled separately.

Thanks peeps!

That happened to me once, I obviously realised what had happened and just returned the money without anyone saying anything to anyone else.

FBaby

A similar thing happened to me but as I was transferring mortgages. I called them and said that would transfer back but this would take 2 weeks. Why, no idea, but she was adamant. Thankfully, I noticed it on the day and so my bank agreed dealt with it and the money was back in my account an hour later.

D_M_E

Get on to the bank and tell them this DD payment was taken in error and ask them to claim the money back under the Direct Debit guarantee - they should reclaim it from the account where it was sent, just tell the bank the agents are refusing return.

Also tell the bank to cancel the DD - which you should have done when you moved out and before the extra payment was taken.

What if the agents go bust before the money is back in your account - you've lost it then.

davidmcn

D_M_E wrote: »

Get on to the bank and tell them this DD payment was taken in error and ask them to claim the money back under the Direct Debit guarantee - they should reclaim it from the account where it was sent, just tell the bank the agents are refusing return.

It's a standing order, not a direct debit.

D_M_E

Correct, davidmcn - I was reading something else when I typed - should really concentrate on what I'm doing.

sheff6107

Best bet would be turn up to the estate agent's office in person? A phone call has probably just resulted in a post it note being stuck on someone's desk to be ignored.

Scornpaul

It wasn't a direct debit, it was a standing order and they are handled differently by the banks. Unfortunately, this doesn't allow for automatic, guaranteed refunds... And yes, I should have cancelled it, it was, at least partially, my fault.

Scornpaul

Thanks peeps for the responses... I'm guessing that there's no definitive legal procedure for this kind of thing, but one would assume that there's company customer care procedures and all that... Did try the ombudsmann service but you MUST go through the official complaints procedure at the said company first.... But as estate agents aren't known for their openness, this procedure isn't exactly straight forward... Pfft.

anselld

The "definitive legal procedure" was given in post 2.

You say damages and deposits are being handled separately. Is this in dispute? You have, probably correctly, treated this as a separate issue, but if there is an ongoing dispute then the agent may be less inclined to return your overpaid rent.