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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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landy_alert

Problem with letting agency admin fee.......urgent help needed please!

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Hi everyone:)

 

I wonder if anyone can help me with this problem which I'm dealing with on behalf of my Son. He has just completed his final year at uni and is living in a rented house shared with one friend. He telephoned me this morning to ask if I could help him with a problem with his letting agent. The reason it is urgent is that he goes away for a fortnight tomorrow and needs to have it sorted before he goes as he has to give six weeks notice that he is leaving the property when his tenancy runs out at the end of August :confused:

 

My Son and his friend took out a one year shorthold tenancy on a house at the end of August 2009. Having just completed his finals my Son has decided to go travelling for a year with his girlfriend, but his friend has decided to keep the tenancy for a further year. Another friend is going to be moving in to take over my Son's room.

 

They have informed the letting agent that one of them is moving out at the end of August when the tenancy agreement runs out and that the other will be staying on. The letting agent has met the new tenant who is now in the process of completing guarantor paperwork etc.

 

Last week (while my Son was away visiting us) a letter arrived at the student house to say that he and the other current tenant have to pay an 'administration fee' of £176.25 because they are 'changing the terms of the contract'.

 

They cannot understand why this admin fee is being charged when they are not actually 'changing the terms of the contract' which will run to the end of its course before one tenant is replaced by another.

 

According to their current contract if they had both decided to continue the tenancy beyond the year's agreement they would have had -

 

'To pay the sum of £56.35 in respect of administration costs for any extention of the tenancy in respect of this property.'

 

Instead of this they are being charged £176.25 although one of them is remaining for another year.

 

Their contract states the following in respect of changes during the term of the tenancy -

 

'If at any time throughout the term of the tenancy a change of person or persons should occur, an administration charge will be levied of £172.50 in addition to any normal administration costs.'

 

My Son visited the letting agent yesterday to query this and pointed out that they were not changing person(s) during the term of the tenancy as he will remain in the property paying rent until the tenancy expires at the end of August at which point the new tenant will move in. Two girls at the letting agents attempted to justify what the admin fee was for, but couldn't do so.

 

They explained that as the property was not being fully vacated they are not able to check the state of the property, but said that as long as the new tenant was happy to take over the property as stated in the inventory, this was fine. The new tenant (who went with him to the letting agent) is perfectly happy with this. In any case, the letting agent only carried out a check on the state of the house a month ago at which point everything was fine.

 

There have been no problems with not paying the rent etc and as far as students go they have been good tenants - well my Son's friend is a mature student of 30!

 

The letting agents have said that they will not progress with arranging for the friend to take over as the new tenant until they have received the new tenant's application fee of £120 and the admin fee of £176.25 from the current tenants. The letting agent wants these monies paid tomorrow.

 

What my Son cannot understand is that according to the options of the tenancy contract the current tenants have two standard options -

 

1. Give six weeks notice to quit

 

2. Remain in property by renewing tenancy creating a 'rolling' tenancy

 

If they were to do the latter - which one of them is - they would not have to pay an admin fee of £176.25, but the lesser fee of £56.35.

 

Additionally, if they were to both give notice, then re-apply for the same property they would then only have to pay the £120 application fee (plus deposit) - less than they are being required to pay!

 

He believes that either the letting agent is confused over the fact that they are changing tenants during the term of the contract - which they are not.............or else that they are trying to take advantage of financially naive students who will just pay up because they believe they have to!

 

I have suggested that they ask the letting agents for a list of their admin costs incurred to prove that the fee of £176.25 is justified, but as he goes away tomorrow, time is short.

 

Apologies for the very long post and if anyone could advise on what (if anything) can be done about this I would be most grateful.

 

Many thanks,

 

Landy x

Edited by landy_alert
typo!

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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I think your son needs to go to Trading Standards and report the Letting Agent - how on earth they can justify the outrageous fees is a mystery. That is his best course of action at the moment.

 

You can also advise your son to contact CAB and get them to contact the letting agent regarding the high fees they are charging BOTH parties - something is wrong here.

  • Haha 1

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I think your son needs to go to Trading Standards and report the Letting Agent - how on earth they can justify the outrageous fees is a mystery. That is his best course of action at the moment.

 

You can also advise your son to contact CAB and get them to contact the letting agent regarding the high fees they are charging BOTH parties - something is wrong here.

 

Hi sillygirl:)

 

Thanks so much for your prompt response - it is most appreciated!

 

I will get him to do that - hopefully he will have time as he is off on hols tomorrow as I said. My husband has also said he will give the letting agents a call to give them a piece of his mind - not sure that's such a good idea though, but then he's not a Cag devotee like me who prefers to keep everything in writing these days!

 

Our son is also going to try to speak to someone at his uni - he has a appointment to discuss career prospects on campus tomorrow before he departs on his hols - so he will try to see someone in the accommodation office, although as it's not uni accom I don't know if they will be of any help............

 

In the meantime what should he do about not paying the fee? The letting agents are expecting him to go in tomorrow to hand over the cash and because of his need to give six weeks notice to quit (tenancy ends 26th August) he needs to arrange this before he goes away as he isn't back till 16th July.

 

Any advice on this would be most useful, thanks!

 

Will update with his progress on this.

 

Many thanks again,

 

Landy x

Edited by landy_alert

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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From what you have written, I will make the assumption that your son and the other tenant are joint tenants i.e. they are both named on the same tenancy agreement rather than having one each. I will also assume the tenancy agreement is an Assured Shorthold Tenancy (AST).

You have given the two options:

1. Give six weeks notice to quit

 

2. Remain in property by renewing tenancy creating a 'rolling' tenancy

While I totally sympathise with your position on these fees, you need to keep in mind that they are joint tenants i.e. they must both take the same course of action. You can’t have one giving notice and the other remaining in the property, it must be either or as there aren’t two tenants here there’s only one – the Joint Tenant.

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Hi Planner:)

 

Okie dokie - I see your point. I'm trying to get hold of him now to check whether as you suggest he and his friend are indeed 'the joint tenant'......unfortunately he's not answering his phone at the mo. Will report back as and when I get hold of him.

 

Thanks for your input, btw!

 

Landy x


LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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I'm afraid I have no meaningful issue as its not my area. However I just wanted to share my inability to believe that a company, any company, would seek to use an admin fee to make a profit.

 

Banks, airlines, Sky Virgin et all having penalties for not paying by DD. Surely any reasonable person can see we need a law to say an admin fee should be just that?

 

Hope you get something sorted, and I can imagine thier faces when anyone says so this fee what EXACTLY does it cover?


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Hi indebtstudent:)

 

Thanks for your reply - to be honest I'm not quite sure what my son did about this as he went away on holiday (to celebrate getting his degree - yippee!) the day after I started this thread and I didn't get a chance to speak to him first.

 

I have a feeling though that he probably ended up having to pay the fee as the general consensus (he also spoke to someone in the office at his uni) was that as a joint tenant it was unavoidable unfortunately.

 

He is back in the UK at the end of this week so hopefully I will get an update then.

 

Thanks again to everyone for their comments!

 

Landy x


LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy

 

I would be intrested to hear what your son did as i am in the same position myself with an agency trying to charge me £150 admin fee to have my name removed from a contract despite giving my notice to quite as per the CAB advice.

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Hi Landy

 

I would be intrested to hear what your son did as i am in the same position myself with an agency trying to charge me £150 admin fee to have my name removed from a contract despite giving my notice to quite as per the CAB advice.

 

Hi JAG007:)

 

Sorry to hear you are experiencing a similar problem. My son is due back in the UK on Friday so hopefully I will find out what the outcome was over the weekend and will post up to let you know.

 

Landy x


LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy

 

I would be intrested to hear what your son did as i am in the same position myself with an agency trying to charge me £150 admin fee to have my name removed from a contract despite giving my notice to quite as per the CAB advice.

 

Hi JAG007:)

 

Apologies for the delay in getting back to you on this. I spoke to our son today - unfortunately he said in the end he felt he had no option but to pay this fee, mainly because of the 'joint tenants' issue. It was paid prior to his departure on hols apparently.

 

Hopefully you get your issues resolved soon,

 

Landy x


LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi JAG007:)

 

Apologies for the delay in getting back to you on this. I spoke to our son today - unfortunately he said in the end he felt he had no option but to pay this fee, mainly because of the 'joint tenants' issue. It was paid prior to his departure on hols apparently.

 

Hopefully you get your issues resolved soon,

 

Landy x

 

Oh dear! Anything for a quiet life. Regrettably this supine attitude allows these agents to go on their bloodsucking ways.

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Oh dear! Anything for a quiet life. Regrettably this supine attitude allows these agents to go on their bloodsucking ways.

 

I know Aequitas - it isn't how I hoped he would have dealt with it, but the difficulty lay that as he was going to be out of the country for two weeks during which time he was due to give notice to quit, he felt he had to resolve matters before he left...............


LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Not really "on post" but just wanted to say that letting agents are not regulated in any and can basically charge whatever they like (and can get away with) and many do charge exhorbitant fees - not only to tenants but also to landlords - and get away with it because of so called "market forces". The other worrying thing is that many of them have absolutely no idea of landlord and tenant law!


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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