Just failed credit checks- anything I can? Can I ask for report?

irn_bru · 28 February 2008 at 2:27PM

I'd be surprised if they are legally allowed to keep your deposit. I bet they didn't pull the adverts while they were waiting for your credit check.

You need to get onto trading standards or citizens advice to find out for sure

Tracy_E_A · 28 February 2008 at 2:27PM

So sorry to hear you have been refused.
I would do the credit check that moneysavingmonkey and mpsavuk suggested, you have nothing to lose and you will know why you were refused, you will also know for sure if your not being ripped off, wont take long to do.
Sorry no good at legal stuff but it doesnt sound very above board. Surely they wouldnt be able to rent the place out while they were credit checking anyway. Secondly if so many people were interested in the property they would have phone numbers of people they could rent it to so they are not losing money, its only 2 days

Benefits_Blagger · 28 February 2008 at 2:27PM

pnq06 wrote: »

Right I've just rang the LA and she's said that she doesn't know why its low- its just low...

She also said that we agreed that we loose the holding deposit of £200 because somebody else could of had interest in the property so in effect they've lost getting new tenants in although it was a verbal agreement but there is nothing in writing about losing it on any of the receipts, so is it right that we should loose it?

Shall I risk doing a check yet? Does it show as desperate?

My head is spinning, I'm so disappointed!!!

if its verbal, then it dont count. trust me the EA would break a verbal agreement if it suited them, with them quoting "have you got it in writing?".so do the same back.

easiest way to get your cash back is the no claims process

moneysavinmonkey · 28 February 2008 at 3:31PM

Benefits_Blagger wrote: »

easiest way to get your cash back is the no claims process

?? don't know what this poster is talking about!??

Definitely check your credit report - i think you get free access for a month so you can keep checking back if the agent check isn't there to start with

You can get advice from consumer direct - they are really friendly on the phone and will tell you if you have a legal complaint or not and if the estate agents have done something wrong they will report it trading standards for you. They will ask you about what was agreed about the deposit and what you have in writing. The number is: 08454 04 05 06

Have you asked whether there is any option to get around a low credit score - perhaps paying a bigger deposit or 6 months rent upfront, or having a guarantor - if any of theses are feasible to you?

moneysavinmonkey · 28 February 2008 at 3:58PM

Okay, I did a bit of research online as you situation has got me really annoyed about letting agents!!

From this website, the OFT view on holding deposits is clear...
http://www.studenthousing.lon.ac.uk/problems/holding-deposits-campaign.html#c281

“Where the tenancy does not go ahead because the landlord or agent decides not to proceed, whether this is on the basis of a failed reference check or not, then we take the view that they are not entitled to charge the tenant for the costs they have incurred because it is the landlord/agent who has breached the agreement, not the tenant. If a tenant puts down a holding deposit, provides accurate information about themselves and does not withdraw from the agreement, we see no justification for the landlord/agent seeking to keep any of the tenant's monies on the basis that the landlord/agent decides not to proceed with the tenancy.”

anything that says otherwise is an unfair contract term.
(see http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356 page 96 + 76)

The website does say however that lettings agents don't 'get' this ( how convenient!)

Please phone consumer direct NOW! and get the OFT onto this agent.
I really hope you get your money back and the agent gets a black mark and/or a fine because this is just not on. good luck OP.

chriz1000 · 28 February 2008 at 4:04PM

Yep I was going to say, it was the agency that ended the agreement not the tenant so only the costs involved in the credit check should be kept. The letting agents will almost certainly use an outside company to perform the checks this is why they can’t be lenient. A lot of insurance policies require this and it also gives them some comeback if the tenant does cause problems.

Gingernutmeg · 28 February 2008 at 4:04PM

We had a similar problem a few years back and I hassled the agents until we got the deposit back. I agreed to pay them for the cost of the credit check (found out that this was about £13 each) and insisted that they give me the rest back as AFAIK you can't 'fail' a credit check as such - the LL and LA decide on the basis of your score whether they want to risk renting to you or not, if they choose not to, then it's them pulling out of the agreement. You haven't, so you should get any holding fees back (as moneysavinmonkey has said

) OH and I 'failed' as at the time we were students, and although we had no 'debt' we had no real 'wages' and no 'credit'. They decided that we were a risk, although that's probably been the only few years in my life where I've had that much guaranteed money coming in every few months lol. Anyway, hassle them and point out that they've reneged, not you. It took us a while but I did get the money back - we had to go right to the boss of the LA though.

moneysavinmonkey · 28 February 2008 at 4:11PM

Gingernutmeg wrote: »

you can't 'fail' a credit check as such - the LL and LA decide on the basis of your score whether they want to risk renting to you or not, if they choose not to, then it's them pulling out of the agreement.

This is exactly the point. Well put Gingernutmeg.

pnq06 · 28 February 2008 at 7:12PM

Oh my gosh I am truly overwhelmed with the responses- Thank you soooo very much!!!!!

I tried to reason having my partners dad as guarantor but they aren't budging (or shall I say she!) because he doesn't own his house but he has been the head maintenance of royal crown derby for donkeys years and earns a small fortune that doesn't get spent EVER lol- I'm sure his credit checks would be absolutely glowing but she won't give us the chance not like we'll ever need him either...

We can't use my partners mum because she owns her own home but her house is an asset to her business... And I don't have anyone that I can use...

She is however interested in us putting cash up front BUT we don't have any and I don't want to try and get a loan for fear of our credit score being so low and damaging it anymore...

I think I'll check our credit rating and also get on the phone to consumer direct... I really don't trust this woman and it is a woman that is never convientiently around- Or is always busy shall I say

Thanks all for the great advice- its much appreciated

devils_advocate · 28 February 2008 at 8:28PM

I would suggest that you immediately serve a subject access request under the Data Protection Act on the agents. This way you should get to see whatever it is that they hold on you, and as you're probably going to be the first person to ever ask them for it, there's a chance it could get them seriously worried and cause lots of hassle.

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Just failed credit checks- anything I can? Can I ask for report?

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