Credit search for rented house. Estate agents wont give me my money back!!

[Guest flubdub]

About two and a half months ago, I payed for a credit search with an estate agents, to get a house with them. It cost £80.50 and went through absolutley fine. then, at the last minute, the landlady changed her mind, as her son wanted the house. The estate agent told me I would get the £80.50 back as it wasnt my fault. I said thats fine.

Now, I STILL dont have my money back. Everytime I go in, the estate agents that deal with rentals isnt in. They wont return my phone calls. I have just been told that he has written to me, but I have recieved no such letter, and WHY when I have been told I will get the money back??

What can I do? Where can I go? Is there a higher body I can speak to?

Im desperate for the money, and had to borrow it off my one year old!

[buzby]

You have to make a formal demand (in writing) for the return of the money (as agreed) within 28 days. Send this by RMs 'Signed For' service. Advise if the funds are not recieved by you before [state date] you will institute reocvery proceedings without further notice.

 

It is important you ensure you state that the refund was 'as previously agreed' and if possible the name of the person and date this conversation took place - in case they attempt to say the fee in non returnable.

 

If they don'y cough up, you'll need to do an online MoneyClaim, but the additional fees will be recoverable. Always keewp copies of your correspondence. Good luck!

[Conniff]

You won't need to go to the highest body flub, the courts can sort it out just fine. It probably won't be an instant return, but you might be lucky.

 

Write using recorded delivery letter setting out that as they withdrew you are giving them seven days to return you payment.

 

If they do not respond or say no, then you will send another letter maked 'letter before action' and give them another seven days or you will issue a summons without further correspondence.

 

Court will cost you about £30 which you will claim back.

 

Edit:

 

Our timelines are different. I suggested 7 days as you have already had multiple contact with them, so mayabe compromise and make it 14 days.

[legalpickle]

1. I recommend sending all letters by SPECIAL Delivery, rather than Recorded (i.e. Signed For) as the latter is not guaranteed.

 

2. Considering the simplicity of the matter, I suggest sending a Final Letter Before Legal Action giving them 14 days to refund you rather than schlepping it out.

 

3. I am shocked that they are charging for this. My landlords agents do this as part of finding the tenant and didn't charge me for the credit check.

 

If after 14 days from the day they receive it no satisfactory response has been received (hence a refund) you issue court proceedings in your local County Court for the amount paid plus interest.

 

I recommend NOT to use Money Claim OnLine due to it's major limitations. It will be substantially simpler and easier to file a N1 in your local County Court and the savings in court fees are negligible - which they end up paying anyway!

[buzby]

'Special Delivery' ? The contents of the letter are worthless, so paying £3-4 to send this worthless piece of paper when it would only cost 70p is a total waste of money. For court purposes, you don;t NEED proof of delivery, putting it in the post is deemed to have itdelivered the following da. Using 'Signed for' will at least mean its rrival will be noted with a bit more ceremony than the usual junk mail.

[legalpickle]

'Special Delivery' ? The contents of the letter are worthless, so paying £3-4 to send this worthless piece of paper when it would only cost 70p is a total waste of money. For court purposes, you don;t NEED proof of delivery, putting it in the post is deemed to have itdelivered the following da. Using 'Signed for' will at least mean its rrival will be noted with a bit more ceremony than the usual junk mail.

Recorded has been £1.08 (72p plus 1st class) but is changing either today or in a few days.

Special Delivery has been £4.60 minimum but is going up to £4.95 either today or in a few days.

 

Special Delivery is guaranteed. Recorded is not. It is always best to make sure important letters are delivered. I completely disagree that this is a "worthless piece of paper".

 

Yes, you're right that for court purposes you only need proof of postage, but proof of delivery would be even better.

 

In my opinion it's always better to make sure - to the best of ones ability - that documents reach their destination.

 

You are of course welcome to your opinion, but my experience tells me that Special Delivery is better than any of the alternatives.

[Its WAR]

I suggest you deliver it by hand and wait for the envelope to be opened and read in front of your eyes. Then wait with your screaming (if possible) one year old while they write you a cheque.

[legalpickle]

I suggest you deliver it by hand and wait for the envelope to be opened and read in front of your eyes. Then wait with your screaming (if possible) one year old while they write you a cheque.

I agree (and love) Haydn's option the most. If you don't have a screaming one year old then go with a friend or member of family who has one!

 

If you can't go in then my Special Delivery recommendation stands.

[Forsure]

You can borrow my kids...one is a screaming 3 year old and one is a screaming 1 year old.....if that doesnt get you your chq then I dont know what will ! lmao

[buzby]

If you can't go in then my Special Delivery recommendation stands.

 

Forgive me - but 'going in' - if you a going to be consistent, is no better than not sending your request by 'Signed For' (it has nor been called Recorded Delivery for a good few years now).

 

The firm could just as easily attempt to deny a personal visit because there was no 'receipt' to prove it. As for the paper being worthless, you are paying for secure handling of the contents and a signature on delivery. 'Signed for' does the same but with no enhanced compensation so by all means throw money in all directions, but if there's no response in 7 days, you can send the same letter again with 'Reminder' across it if you feel the need.

 

We don't have to boos RM's failing pension fund by spending money on service that are not required, where special handling is pointless and a signed receipt just overkill.

 

In the last 3 tears I have sent 14 letters that I would previopusly had considered sending by 'Signed For' - I didn't, just used 2nd class and all letters were delivered. Yje 1 time I DID send a Signed For birthday card with cinema tickets and it was intercepted by a dishonest postal worker (subsequently dismissed) and the contents stolen.

 

But that's a different story!

[legalpickle]

Forgive me - but 'going in' - if you a going to be consistent, is no better than not sending your request by 'Signed For' (it has nor been called Recorded Delivery for a good few years now).

 

The firm could just as easily attempt to deny a personal visit because there was no 'receipt' to prove it. As for the paper being worthless, you are paying for secure handling of the contents and a signature on delivery. 'Signed for' does the same but with no enhanced compensation so by all means throw money in all directions, but if there's no response in 7 days, you can send the same letter again with 'Reminder' across it if you feel the need.

 

We don't have to boos RM's failing pension fund by spending money on service that are not required, where special handling is pointless and a signed receipt just overkill.

 

In the last 3 tears I have sent 14 letters that I would previopusly had considered sending by 'Signed For' - I didn't, just used 2nd class and all letters were delivered. Yje 1 time I DID send a Signed For birthday card with cinema tickets and it was intercepted by a dishonest postal worker (subsequently dismissed) and the contents stolen.

 

But that's a different story!

I disagree. The point is to deliver the letter and make sure it's delivered. Signed For is not guaranteed. Handing in a letter is guaranteed. Special Delivery is guaranteed.

 

I have sent over 500 letters in the past year. Of the 10% or so I sent Signed For, 29 were lost! Of the 10% or so I sent 1st class, 24 were lost. 5% were DHL/FedEx/UPS and the remaining 75% Special Delivery - yes a heck of a lot of money - but worth it! All were delivered, on time, which is better than DHL, FedEx & UPS put together!

 

I have Signed For slips in front of me, and at the top, they clearly state "Royal Mail recorded 1st or 2nd class". It is still called Recorded by most people I ever encounter.

[bedlington83]

3. I am shocked that they are charging for this. My landlords agents do this as part of finding the tenant and didn't charge me for the credit check.

We're about to pay £300 + VAT for the agent's "administration fees". That's on top of the landlord paying £600 + VAT, and they're not even the letting agent. The landlord is doing the management of the let himself

Edited April 1, 2009 by bedlington83

[legalpickle]

We're about to pay £300 + VAT for the agent's "administration fees". That's on top of the landlord paying £600 + VAT, and they're not even the letting agent. The landlord is doing the management of the let himself

Both of you are being ripped off royally! Who is the agent?

 

I would seriously recommend calling the landlord and telling them that you'll find another property to let because the fees are a rip-off!

 

There are an abundance of properties to let in most parts of the country because landlords can't sell them without making a massive loss, so are letting to hold out the crisis. Though in my opinion this will prolong the crisis because they'll be an abundance of properties to buy till sales can become steady rather than over the top.

[bedlington83]

The agent is Pattinsons and the detail is on this page GuideForTenants

 

Rip off charges by agents are standard practice round here I'm afraid, although Pattinson seem to be the worst. As a result of my experience with them - they've also been unsufferably arrogant and dogmatic over the excessive amount of data that they collect (my last mortgage statement for example) - I decided to start an internet based letting agency that didn't charge tenants anything. Unfortunately I've been beaten to it - Avoid Estate Agents Fees - Letting Agents and Rental Agents in Durham and Newcasatle Upon Tyne - flats and houses to rent / let. They don't charge tenants a penny, not even a deposit.

 

I agree with what you're saying, and directlettings do have a property that I like the look of but time is running out as we complete the sale of our house in a week. Besides, having met the landlord who seemed to be ok, I feel honour-bound to my commitment and I'd be a bit of **** to stab him in the back like that.

[Forsure]

seems to me like someone here has an attitude problem !

[legalpickle]

seems to me like someone here has an attitude problem !

Yes, the agents!

 

Unless you were implying somebody else, in which case please do be more specific?

[bedlington83]

seems to me like someone here has an attitude problem !

Who are you on about?

[Forsure]

Yes the agents

[Guest flubdub]

You can borrow my kids...one is a screaming 3 year old and one is a screaming 1 year old.....if that doesnt get you your chq then I dont know what will ! lmao

 

Haha, thanks, i have a screaming 4 years old, and 1 yea old too, so I feel you pain!!!

Thanks very much guys, youve all been very helpful. I finally got to spoke to this guy last yesterday, for the first time!!! And he said he was sending me a cheque in tonights post, so I should get it tomorrow or Monday. Whether or not it actually appears is yet to be seen! Im not holding my breath though.

I cant help but thinking that if I was actually BUYING a house, I wouldnt have been treated like this. Little do they know we are selling our house to rent temporarily, and I very much doubt I will be buying a house from these people in the future, if they are so flippant with my money!!

[legalpickle]

Haha, thanks, i have a screaming 4 years old, and 1 yea old too, so I feel you pain!!!

Thanks very much guys, youve all been very helpful. I finally got to spoke to this guy last yesterday, for the first time!!! And he said he was sending me a cheque in tonights post, so I should get it tomorrow or Monday. Whether or not it actually appears is yet to be seen! Im not holding my breath though.

I cant help but thinking that if I was actually BUYING a house, I wouldnt have been treated like this. Little do they know we are selling our house to rent temporarily, and I very much doubt I will be buying a house from these people in the future, if they are so flippant with my money!!

Please keep us posted.

 

I hope you aren't selling through a sell-and-rent-back scheme! If you are, research it VERY carefully!

[Guest flubdub]

Oh god no. Needed a bigger house basically, and are a bit skint at the minute.

 

So if no cheue arrives tomorrow, or monday? I send a letter demanding the money? I may be on here over the weekend searching for some kind of template.

[legalpickle]

Oh god no. Needed a bigger house basically, and are a bit skint at the minute.

 

So if no cheue arrives tomorrow, or monday? I send a letter demanding the money? I may be on here over the weekend searching for some kind of template.

If nothing arrives Monday, post back here and I'll try to write you a letter. If they have a fax number, then fax is another decent way to send the letter.

[Guest flubdub]

If nothing arrives Monday, post back here and I'll try to write you a letter. If they have a fax number, then fax is another decent way to send the letter.

 

Excellent thanks! Well it didnt arrive this morning, so their time is running out!

[legalpickle]

Excellent thanks! Well it didnt arrive this morning, so their time is running out!

No problemo.

[Guest flubdub]

Ok, so no cheque has arrived!! How RUDE!!

So what can I send them now? Do you think sods law will make the letters cross paths in the post?