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Failed standing order

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Hi there

I was hoping someone here could provide me with some advice.

I moved out of my last accommodation around 3 months ago. I stayed there for 2 years. My old landlord has just come back to me and told me that 3 months of my rent had not gone through, for 3 random months within the first year out of the two I stayed there. I am sure there were sufficient funds in the account. I never received any warning letters or notification from the landlord that my rent was not received.

The agency’s credit control function have obviously failed as the rent traces back to 2015/2016. Admittedly I don’t check my statements regularly and failed to notice the rent not going through in those random 5 months out of 24. My standing order had been set up for the whole duration of the contact and I did not make any amendments.

Whose fault is it? The old landlord are wanting a lump payment of x 3 months which is obviously something I will struggle to pay outright.

Many thanks.

Steph

Comments

  • molerat
    molerat Posts: 34,524 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is your responsibility to ensure your rent is paid on time. Have you checked back on your bank statements to ensure that it was not paid ?

    The advice, if you owe it you need to pay it. The LL could take you to court if you don't pay or make an arrangement. Get talking to them.
  • dmittedly I don’t check my statements
    Well that's an error I hope you never make again.
    Whose fault is it?
    Does it matter? If you owe the money you owe the money. I suggest you negotiate a payment plan.
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    well you've had an interest free loan.
  • Sparx
    Sparx Posts: 909 Forumite
    Part of the Furniture Combo Breaker
    Have you checked your bank statements yourself to verify the LL's claims? Have you asked what months in 2015/16 were not paid?

    You should then go back on your bank statements and if your phone/app/online don't go that far back - go in branch and ask for copies so you can check.

    If you didn't pay those months, why? Did you not leave enough money in your account? If yes then that's your fault and you owe the money. If it DID go out and was paid, you then have proof and can show him.
  • ask for proof, check your statements
  • Dobbibill
    Dobbibill Posts: 4,191 Ambassador
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    Do check your statements and not just rely on their word for it.
    I’m a Forum Ambassador and I support the Forum Team on the Budgeting & Bank Accounts, Credit Cards, Credit File & Ratings and Energy boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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  • Shakin_Steve
    Shakin_Steve Posts: 2,813 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    If my bank failed to pay my mortgage for even one month, I’d certainly notice that I had more money in that account than I should have.
    You do check your balance now and again...........don’t you?
    I came into this world with nothing and I've got most of it left.
  • I have never ever had any of my standing orders not paid on time (HSBC). That is something the banks always get right. As others say, check your statements, online or paper depending on what you have.
  • Chalkius
    Chalkius Posts: 110 Forumite
    Check your statements. If if didn't come out, and sufficient funds were there, speak to your bank, though it'd be unusual if there was a mistake on their end as the Standing Order clearly was working fine especially in the second year. If it didn't come out because you didn't have enough money, that's your fault. If if did come out, take your statements to your landlord as proof. You should really have noticed whether or not a rent sized chunk of money had left your account or not each month though.


    However, I'd potentially consider raising the point that they're asking for 3 months in one go which isn't easy especially as the payments should have really been noticed long ago, and ask if you can pay it back in instalments. They're not obligated to accept that however it can't hurt to ask.
  • anniecave
    anniecave Posts: 2,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Definately check your statements and confirm whether money was or was't paid.

    If you do indeed owe the money and you offer to pay then I would be very surprised if they didn't accept payment in installments if you ask them. If it's taken them 2 years to realise their mistake then I would say payments spread over one year is realistic to ask for. They might say no to that but then accept payment over say 6 months.
    Indecision is the key to flexibility :)
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