Letting agent says we didn't repay our fees, even though we have a receipt.

Angusmcwalsh

Hi all,

Just want to throw this out there in case anyone makes the same mistake we made.

Back in December we renewed our lease with our letting agent and paid £120 fees in cash to them (can you guess where this is going).

At the end of February they called us and said according to their records we never paid this fee. Luckily we kept the receipt (which is hand written but signed and dated on headed paper) that they gave us when we paid the money. However when we showed them this they said they would have to check with head office if this was okay and if it was not then we would still be liable to pay the money again.

In future we will pay all money to them via bank transfer or card payment, that way we will have electronic proof that they money was paid.

Anyway, my question.....

If they demand that we have to pay the money again then should i insist they take us to a small claims court as I would rather pay a lawyer £1000's than pay a company twice because of their mistakes, or is there a better way to deal with this?

Thanks

pinkshoes

Just put in writing (email) with a copy/scan/photo of the receipt that you paid in cash on <date>. Keep it short and factual.

Do not bother with any further correspondence.

Why do you bother renewing? Can't you just go onto a rolling contract? That way no fees due!

naedanger

Angusmcwalsh wrote: »

Anyway, my question.....

If they demand that we have to pay the money again then should i insist they take us to a small claims court as I would rather pay a lawyer £1000's than pay a company twice because of their mistakes, or is there a better way to deal with this?

Yes, if they demand this money is paid again tell them to sue you as you have already paid. There would be no need to pay any lawyer, represent yourself. It should be a very easy win for you.

They would need to convince a court it was more likely than not that you did not pay, which would be very difficult for them given the circumstances. I very much doubt they would take the matter to court.

wealdroam

Angusmcwalsh wrote: »

Hi all,

Just want to throw this out there in case anyone makes the same mistake we made.

Back in December we renewed our lease with our letting agent and paid £120 fees in cash to them (can you guess where this is going).

At the end of February they called us and said according to their records we never paid this fee. Luckily we kept the receipt (which is hand written but signed and dated on headed paper) that they gave us when we paid the money. However when we showed them this they said they would have to check with head office if this was okay and if it was not then we would still be liable to pay the money again.

In future we will pay all money to them via bank transfer or card payment, that way we will have electronic proof that they money was paid.

Anyway, my question.....

If they demand that we have to pay the money again then should i insist they take us to a small claims court as I would rather pay a lawyer £1000's than pay a company twice because of their mistakes, or is there a better way to deal with this?

Thanks

If they ask for the money again, just refuse to pay it.

You have clear evidence that it has been paid, so leave them to do whatever they like.
If they want to start court action that's their choice, but no need for you to suggest that they do that.

DoaM

Agree with others above ... email them with a scan of the receipt so you have a "paper" trail confirming that you had indeed paid. IF they decided to take court action to try and make you pay again (debt collector letters before any court case could be ignored) then you'd have clear proof of payment ... they'd have to prove (on the balance of probabilities) that you didn't - how could they do that?

As regards renewing your AST, you don't have to ... look on the Housing board about Periodic Tenancies.

(Your forum name suggests you may be in Scotland ... the rules are slightly different there but generally the same).

molerat

DoaM wrote: »

(Your forum name suggests you may be in Scotland ... the rules are slightly different there but generally the same).

You missed the vital clue ....... FEES ............

DoaM

That's true ... although that doesn't stop some agents trying it on.