Purple bricks refusing to refund HOLDING DEPOSIT

[BankFodder]

Okay, I don't think you really have much to worry about. Apart from anything else, they seem to be imposing new conditions on you.

On the website they say that the guarantor should be able to provide a guarantee of 36 times the monthly rent – which is £68,400. Of course it's an absurd requirement but anyway now they're asking you for £80,000. They've changed the rules of the game in mid-race – even if what they were doing was valid – which I don't think it is.

It's up to you but I think you have a very high chance of success but you will have to do start being assertive and confident, respond quickly and keep them on the back foot. You're going to have to do be prepared to go all the way to the County Court and also in the very (in my view) slim chance that you lose the case, you have to be prepared to suffer the loss of the claim fee and the allocation fee.

Let us know if you want to go ahead

 

[stu007]

Hi

 

I would also suggest sending them a Subject Access Request (SAR) simply asking for 'ALL DATA' (as this cover whatever format they may hold it in whether it be writing, email, digital, telephone calls etc.) 

 

As this is a holding deposit this comes under the new Tenant Fees Act 2019 

 

Here is a link to that specific part of the Act on Holding Deposit: http://www.legislation.gov.uk/ukpga/2019/4/schedule/1/crossheading/holding-deposit

 

Here is the Full Tenants Fee Act 2019 link: http://www.legislation.gov.uk/ukpga/2019/4/contents/enacted

 

[London1971]

As @stu007 says above.

 

I have direct experience of a letting agent crumbling after requesting a GDPR SAR. 
 

1. They didn’t comply fully

2. What they did send me was damning

3. £1500 fees cancelled

 

The words GDPR terrify companies. I work in marketing, nobody wants to be fined 4% of their turnover. They will crumble for the sake of £400 odd pounds .

 

If that doesn’t work it’s time to escalate to social media.  I doubt it will get that far though.

[rita777]

Thank you so much ! I will update you tomorrow being a Monday

[rita777]

Hi all .. I am sorry, been bereaved in the last couple of weeks .. just coming around ..

 

I managed to send an email to purple bricks, accounts email address the agent gave me has been returning undelivered, fortunately I had another agent assigned at the beginning .. so I sent her this :

 

 

Hello,

 

I write in relation to the attached transaction, I have been in Conversation with xxxccc your Agent and he passed this email to me.

 

I am requesting for the refund of my deposit which is equivalent to the 1week's rent (£438.46), as I made it clear from the beginning that I am a contractor, but I was advised that there shouldn't be any problem, and that I would be getting my full refund if any, but the reference came back asking me to provide a guarantor earining about £80,000/pa or a confirmation of about £50,000 or so in my savings account.. I made this all clear right from the beginning .. The Landlord withdrew from this transaction himself.

 

I will also be requesting a Subject Access Request as I take this further ..

 

Can someone please get back to me ASAP regarding this case ..

 

Regards..

 

 

This person (assigned agent) responded to my email copied/asking My Agent to confirm the above , a bit of backs and forths, as the Agent claims it's the company's policy not to refund . But the assigned agent insisted for him to confirm if my email was 'correct' .. so she could authorise a refund ..

 

Today .. the Agent has responded thus ..

 

"Yes, this is correct."

 

Hopefully , there will be good news in the next couple of days ! HAPPY DAYS !! Something to cheer me up I guess !!

 

Thank you so much everyone ! i couldn't not have done this without you ..

I will update you in due course
 

 

[BankFodder]

Well done… but please don't count chickens too early.

 

[hello12345]

Problem I've found with the small claims if a company puts in a summary judgement and gets it then it wont be allocated to a track so they can claimed costs as if its going to the fast or multi. My court claim is destined for the small claims but I'm going to a SJ hearing soon. One guy took a bank to court for 9500, but the guy never turned up to the summary judgement but the bank did. The guy never turned up because he didn't realise he had to be there as he thought it was all based on written evidence and no oral argument was required.

The judge awarded the bank over 5000 in costs. 

[stu007]

Hi

 

I agree do not hold your breathe to what you have been told by them remember they stated not to refund is company policy you need to see if they actually refund not take their word.

 

When you contact them again you really need to enforce your right by stating the Tenants Fees Act 2019 and that you require clarification as to exactly which part on Holding Deposits within that Act they are using to refuse your Holding Deposit Refund when it was the Landlord that Withdrew from the Contract.

 

Since they have also stated it is Company Policy not to Refund you require further clarification of this and a copy of the Policy stating this.

 

You really need to have a good read of that Act

 

 

[BankFodder]

7 hours ago, stu007 said:

When you contact them again you really need to enforce your right by stating the Tenants Fees Act 2019 and that you require clarification as to exactly which part on Holding Deposits within that Act they are using to refuse your Holding Deposit Refund when it was the Landlord that Withdrew from the Contract.

 

Since they have also stated it is Company Policy not to Refund you require further clarification of this and a copy of the Policy stating this.

 

You really need to have a good read of that Act

 

 

 

Sorry, but I'm not sure that you need to refer to this Act at the moment and the company policy is completely irrelevant to your rights.

[rita777]

Thank you .. I will give them a chase today ..

[stu007]

Hi

 

Just thought I would pop in to see if there is any update on this.

[rita777]

Hello , Thanks , you actually beat me to it  ! Just checked my account and they have issued a full refund !  I meant to give them another chase tomorrow with a deadline ! .. The Agent never called or notify me of this, and I did not get further response to my emails . It was more like just have your refund and let's breath in peace ! Haha ..

 

THANK YOU so much everyone , I couldn't have done this without your advise and support all through even when i was lagging, you gave me a push till the end!  

HIGHLY APPRECIATED

[BankFodder]

Well done. We may have helped you but it is your tenacity that has gotten there in the end.

Two things:

I think now it would be a good thing to tell us the name or names of the actual agents that you are dealing with.

Also, if you think we have really helped you then maybe you would think of making a donation to us because we have some difficult bills to meet at the moment. – It's up to you though, all the advice and support we give here is completely free – no strings

 

[London1971]

Ace !

[rita777]

2 hours ago, BankFodder said:

Well done. We may have helped you but it is your tenacity that has gotten there in the end.

Two things:

I think now it would be a good thing to tell us the name or names of the actual agents that you are dealing with.

Also, if you think we have really helped you then maybe you would think of making a donation to us because we have some difficult bills to meet at the moment. – It's up to you though, all the advice and support we give here is completely free – no strings

 

 ... Absolutely ... Its been a very helpful setting .. saves us a lot from Solicitors fees !

Edited January 30, 2020 by rita777