Need advice agency have kept my fees

Bam9696

Yes money was paid over the phone using my debit card how would it be possible to get my money back.?

marksoton

AdrianC wrote: »

If he was of a cynical mind, he might also wonder how come you'd apparently been living at the same address for two years, yet not had so much of a whisper about this three-year old CCJ.

Indeed. Very few creditors would go to those lengths and not enforce the CCJ to it's full extent.

Bam9696

AdrianC wrote: »

You're forgetting one thing. You know you. The landlord doesn't. All he has to go from is a letter from somebody else he doesn't know saying you're a jolly nice person... oh, yes - and a failed credit check.

All he knows for sure is that you're a potential tenant with abysmal credit, who's already not been entirely open and honest. You were asked if you had any CCJs - and you do. The fact that you say you didn't know is beside the point. He has plenty of other putative tenants to choose from who pose a much lower risk.

If he was of a cynical mind, he might also wonder how come you'd apparently been living at the same address for two years, yet not had so much of a whisper about this three-year old CCJ.

My arguement is not with the landlord it's with the way the agency have dealt with me. And please don't question my honesty I'm here for help I don't need to lie to anyone on here! I knew nothing about my ccj until today all I knew is I had been turned down before but was accepted with a guarantor. I offered them that or payment of the whole contract upfront.

As for not hearing about the ccj after finding out about it his morning I got a credit check done with clear score it looks like it's from a training course I did years ago. I didn't pay the full amount as they refused to realease my certificates we got into a dispute and they must of ccjed me after I had moved! It can happen to anyone. But again my dispute is not with the landlord I understand. My arguement is with how Misleading the estate agents were and the fact they have kept all my money when they only carried out credit checks they will then go on and charge someone else for the same service and double there money!

G_M

Bam9696 wrote: »

.....bad credit......I informed the estate agent of this and she told me it would be fine with a guarantor or the rent upfront.

...... do you have any CCDs that you know of. I answered not that I know of but I do have bad credit .......She informed me that this would be fitness I'm paying up front but still go through with checks.

One week later I get a call o the agent saying I have failed the credit check and they keep my money and I don't get the house!

.....They argued that bad credit is different to a ccj

.... surely they only keep the credit check fee as the other 300 pounds says it covers inventory checks tenancy agreements and deposit handling. None of that is now being done. So surely I'm entitled to a partial refund at worst!?

1) As others have pointed out, you were turned down for having a CCJ, not for 'bad credit'. The CCJ was new information that you had not declared and which came to light after the checks.

2) As others have pointed out too, whilst 6 months advance rent offers the landlord some security, it does not help if the tenancy runs on into a a 7th, 8th etc month. As a tenant you have a right to extend and the LL has to take specific, sometimes costly, action to evict you in that case.

As a tenant with both 'bad credit' AND a CCJ, the risk is too great for some landlords. A guarantor would offer more protection than advance rent, since it would protect the LL even if you stayed longer than 6 months.

Can you get a guarantor?

3) If the other £300 is specifically for " inventory checks tenancy agreements and deposit handling." then yes, you should get this back.

Have you got it in writing that this is what the £300 is for? If so, writie a polite letter requesting a refund of the £300, and enclosing a copy of whatever documnet states it is for " inventory checks tenancy agreements and deposit handling." and remind them that these services are not being provided.

If this does not work, you could take legal action or complain to the relevant ombusdman. Which scheme does the agency belong to:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

You could also look up the scheme's Code of Practice.

AdrianC

Bam9696 wrote: »

My arguement is not with the landlord it's with the way the agency have dealt with me.

Same difference, as far as you're concerned. The credit reference doesn't say "do not rent to this person". The agency haven't unilaterally taken the decision. The agency have received the results, asked the landlord, and he's said "No". Not the agency. It is not their decision to take.

And please don't question my honesty I'm here for help I don't need to lie to anyone on here!

I'm not questioning anything. And you're missing my point.

I offered them that or payment of the whole contract upfront.

And, again, six months rent is NOT the "full contract". It's the first six months.

My arguement is with how Misleading the estate agents were and the fact they have kept all my money when they only carried out credit checks they will then go on and charge someone else for the same service and double there money!

How have they mislead you?

For all you know, the landlord may have left pre-existing instructions with them that said "I won't accept a tenant with CCJs"? They asked you before submitting the checks - you answered that you didn't, but did have a poor credit score. They had not been told that would automatically be a problem, so suggested that you may be acceptable to the landlord providing you were willing to pay six months rent in advance. The checks came back, you did have a CCJ, the landlord rejected your application.