Ugh. What are my rights here? (Quite urgent)

Isolt

I live in a rented flat that's part of a Build To Rent scheme (purpose built market rent flats). All tenants pay monthly rent via Direct Debit, using an intermediary called Go Cardless.

I've lived there for over a year and my payment history has been immaculate, no missed or late payments, no issues with the flat. However, one month I suddenly got an email from this Go Cardless, stating that my Direct Debit had "failed." I immediately got onto my bank. My bank confirmed that there was no failed payment at all and that that month's payment had gone through fine, just like all the many payments before it.

However, Go Cardless are adamant that this payment never did arrive.

The rental company are taking Go Cardless's side and are coming after me quite aggressively. This being London rents, we're talking about an amount that is in the four-figures.

I'm really not happy! Anybody in the rental company browsing through my payment history can see that I am a responsible tenant who has never missed a payment.

The issue is that my bank is adamant that the payment has been received just fine by these Go Cardless people. Meanwhile the rental company are treating me like some sort of deadbeat, despite my immaculate payment history both prior to and after this allegedly missing payment. The rental company have now actually requested a meeting in person to "thrash things out." !!!!!! am I supposed to do here?

I'm not in a financial position to just allow all that rental money to be flushed down the loo. I've paid it in good faith.

What is my position legally? I have about 7 months left on my lease.

Despite me having paid on time every month the rental company has me down as "one month in arrears" because of this allegedly missing payment.

Help?!

Comms69

Not go to the meeting? take a screen grab of the payment and send it to them?


I don't understand the 'urgency'

Fosterdog

Why don’t you just send them a copy of your bank statement showing the payment? You can blank out any other info you don’t want them to see.

Isolt

just to add that the rental company requested copies of my bank statements showing the DD leaving my account and I provided everything they requested.

marliepanda

Take a screenshot from your bank which shows the amount, date and bank account it was sent to. I’d also show a full statement (edit out whatever you need) showing the money was taken and not returned to you as of the present day.

Have you not done something like the above already?

Comms69

Look none of this is urgent, you aren't going to be evicted.


EDIT: https://forums.moneysavingexpert.com/discussion/5685940


this has been discussed already.

Isolt

Fosterdog wrote: »

Why don’t you just send them a copy of your bank statement showing the payment? You can blank out any other info you don’t want them to see.

I already did that several weeks ago, at their request.

The thing is I want to stay here in the medium-term, until I buy. So it's not like I want to just tell them to eff off.

I briefly mentioned this situation to my brother who's a lawyer (but doesn't specialise in housing law) and he claims that in a worst case scenario, one month alleged arrears in an otherwise perfect payment history would not even be enough to get me evicted. I'm a bit taken aback by the rental company's attitude.

marliepanda

Isolt wrote: »

just to add that the rental company requested copies of my bank statements showing the DD leaving my account and I provided everything they requested.

What was their response?

Isolt

Fosterdog wrote: »

Why don’t you just send them a copy of your bank statement showing the payment? You can blank out any other info you don’t want them to see.

marliepanda wrote: »

Take a screenshot from your bank which shows the amount, date and bank account it was sent to. I’d also show a full statement (edit out whatever you need) showing the money was taken and not returned to you as of the present day.

Have you not done something like the above already?

yes I've done this already.

Since this alleged missed payment I've made 5 further rental payments that the rental company acknowledges have all arrived on time and without issue.

Isolt

marliepanda wrote: »

What was their response?

they sent it to their "finance team" who are said to have forwarded it to Go Cardless. Many weeks later Go Cardless came back and said that my payment definitely wasn't received. Do I have any documentary proof from Go Cardless to confirm my money wasn't received by them? No, not at all. Presumably Go Cardless process hundreds (or maybe thousands?) of payments every week. Maybe they've misplaced the payment?

marliepanda

Isolt wrote: »

I already did that several weeks ago, at their request.

The thing is I want to stay here in the medium-term, until I buy. So it's not like I want to just tell them to eff off.

I briefly mentioned this situation to my brother who's a lawyer (but doesn't specialise in housing law) and he claims that in a worst case scenario, one month alleged arrears in an otherwise perfect payment history would not even be enough to get me evicted. I'm a bit taken aback by the rental company's attitude.

Being a month in arrears with a rubbish payment history would not be enough for eviction if you’re on a fixed term anyway. Your immaculate payment history simply gives you a half decent ‘why would I skip out on this one’ reason, but many tenants who pay well do get into arrears.

Don’t focus on your payment history. Focus on showing them that this one has been paid as normal and unless they can show you some evidence of them not recieving it (their accounts from that day and a week or so after) I’d just cease contact.