Estate agents have taken more money than i've agreed

eddddy

I tend to agree with @HobgoblinBT...

Managing agents don't generally collect rent by Direct Debit - it's much too risky.

It's much more likely that you've set up a Standing Order.

That would explain why the bank can't get a refund. If that's the case, you need to cancel the existing Standing Order, pay £500 next month, and set up a new Standing Order for £525 per month after that.

EssexHebridean

...or very possibly even just amend the existing SO. 

sheramber

eddddy said:

I tend to agree with @HobgoblinBT...

Managing agents don't generally collect rent by Direct Debit - it's much too risky.

It's much more likely that you've set up a Standing Order.

That would explain why the bank can't get a refund. If that's the case, you need to cancel the existing Standing Order, pay £500 next month, and set up a new Standing Order for £525 per month after that.

Why would the OP set up a standing order for £550 when he agreed and expected to pat £525?

sheramber

HobgoblinBT said:

Is your payment actually by direct debit? 

When I retired from Corporate Banking in 2019 rent to our estate agent clients was without exception paid by standing order not direct debit.  Imaging if you were a disgruntled tenant and the direct debit guarantee gives you the right to get your money back just by asking your bank.  What sensible estate agent is going to accept that risk;  especially when the rent is due to be paid out to the landlords within a day or two of receipt, leaving no money to return to the tenant. 

Check your bank statement and if unclear ask your bank what type of payment do you use for your rent.

A disgruntled tennat only has to access his bank account and cancel or amend a standing order. A  standing  order is totally controlled by the account holder.

saajan_12

Tabieth said:

I wouldn’t pay less next month - that’s a risky approach. I’d ask RR to refund you the overpaid £25 and ensure the direct debit is set to the correct advice moving forward. 

What's the risk? There's no special status to when you pay rent as long as its on or before the date its due. 
£525 was due for 1st October and was paid. 
£525 will be due on 1st November. Incidentally £25 was paid on 1st October and £500 will be paid on 1st November. 
£525 will be due on 1st December and £525 will be paid on 1st December. 

At all points in time, OP is up to date on all monies due. Zero risk. 

user1977

sheramber said:

HobgoblinBT said:

Is your payment actually by direct debit? 

When I retired from Corporate Banking in 2019 rent to our estate agent clients was without exception paid by standing order not direct debit.  Imaging if you were a disgruntled tenant and the direct debit guarantee gives you the right to get your money back just by asking your bank.  What sensible estate agent is going to accept that risk;  especially when the rent is due to be paid out to the landlords within a day or two of receipt, leaving no money to return to the tenant. 

Check your bank statement and if unclear ask your bank what type of payment do you use for your rent.

A disgruntled tennat only has to access his bank account and cancel or amend a standing order. A  standing  order is totally controlled by the account holder.

Yes, but it can't be grabbed back by the tenant after payment.

eddddy

sheramber said:

A disgruntled tennat only has to access his bank account and cancel or amend a standing order. A  standing  order is totally controlled by the account holder.

A while back there was a post here from a landlord who had a tenant who successfully claimed back 2 years of monthly rent direct debit payments - before doing a runner.

i.e. The tenant phoned their bank and lied by saying something like...

• "I've just realised that somebody has been collecting a £500 direct debit from my account every month for the last 24  months. I never gave authority for that direct debit. Please return the £12k."

Because of the Direct Debit guarantee, the bank has to return the £12k, and then claim the £12k back from the landlord.

The tenant can't do that with a standing order.


To be clear - the tenant had committed fraud (a criminal offence), and maybe the landlord could persuade the police to investigate and track the tenant down.

But even if the police find and prosecute the tenant, that doesn't help the landlord if the £12k has already been used to pay off credit card debts, gambling debts, loan shark debts, etc - or spent on luxury holidays, illegal drugs etc.

Tabieth

saajan_12 said:

Tabieth said:

I wouldn’t pay less next month - that’s a risky approach. I’d ask RR to refund you the overpaid £25 and ensure the direct debit is set to the correct advice moving forward. 

What's the risk? There's no special status to when you pay rent as long as its on or before the date its due. 
£525 was due for 1st October and was paid. 
£525 will be due on 1st November. Incidentally £25 was paid on 1st October and £500 will be paid on 1st November. 
£525 will be due on 1st December and £525 will be paid on 1st December. 

At all points in time, OP is up to date on all monies due. Zero risk. 

I had a situation where the letting agents took too much off me one month and evened it out the next. At year end they’d forgotten and it took several calls / emails to resolve (they thought I’d underpaid). An unnecessary faff.