This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Yeah sorry, I remember at the time I was scared to post, because there was a confidentiality agreement. Doesnt really matter now I would have thought. Seems like everyones on the bandwagon these days

Back in August 06 actually, sorry I forgot to update the thread.

Simple Answer - just dont pay the extra £5, let them chase you in the courts for it

I dont quite understand, are you saying that your current house is being reposessed or your old house?

Poppy, In my opinion, if the charges were deducted from said account, then barclays should refund them to the same. Your overdraft is something you have legitimately spent and you will have to pay it back eventually. just look at it as being good that you have now paid off a chunk of your overdraft.

I suppose that If they were to take me to court to recover reasonable (in their opinion) reparations including the penalty charges, then they have to be prepared to substantiate to the judge the level of cost associated with the end of tennancy dilapidations; thus by providing documentary evidence such as photos, work recipts & quotes e.t.c. together with proof that I actually caused the damage and that they are not seeking betterment of the existing finishes within the apartment. With this in mind, It would not be in their best interest to exaggerate the costs of damages / repair when chasing me for said monies. Thus: If I were to withhold the last 1.5 months rent, and then move out with an agreeed signed exit inventory, fully expecting a reasonable level of small damges to furniture carpet cleaning e.t.c. I guess the agent would then pursue me for these costs plus their punitive charges. I would be happy to pay for the reasonable damages, but certainly not the unfair charges. If the matter then went into dispute, and to court. I am sure that the Agent would not win. All I'm worried about is if the Agent asks me to pay the £400 charge + an astronomical dilapidation cost. Sorry for thinking out loud, but Its good to get feedback.

Today I received the reply from the letting agent which basically says go jump, the charges are in our standard T&C so you still owe us the money. I would like to do as Mr Shed has suggested and withhold the last months' rent, however my deposit is actually equal to 6 weeks rent, therefore I would have to withhold the last 1.5 months rent upon moving out to be sure that they chase ME for the money. This is problematic as I am sure there will be a few repairations to be deducted from the deposit when I move out as I have a 4 year old boy and ... well need I say more. This would leave the Letting Agents in the position of chasing me for reparation costs and their stupid charges. Would this scenario compromise my legal standing if the reparation costs are in dispute. (e.g. if they say charge me £800 for a blown light bulb). Silly example I know, but you get my drift?

The lease does not mention the charges, but the standard terms and conditions state that a charge of £40 + VAT will be made for each letter sent. I have bit the bullet and sent the letter. See below: ----------------------------------------------------------------------------- Over the last few months you have been charging a number of cost to my account for the purported administration fees associated with arrears on the account. I do not argue that there were arrears on the account. I was unable to pay the rent on time due to being involved in a car accident on 10th November 2006 and the subsequent time off work for which I was not paid forced me to prioritise my outgoings. I had advised your organisation of this fact. I object to the systematic deployment of these charges which are punitive in nature. You will no doubt be aware that under the unfair terms in consumer contracts regulations 1999 (SI 1999/2083), no party may profit from a breach of contract, you are not entitled to recover disproportionately high levels of compensation. You have sent me a letter every week (every 7 days) while the account has been in arrears. Each letter has been a standard format simply advising me that my account is in arrears with a request to pay the outstanding sum. It is stated on each letter that a charge will be made of £40 + VAT for this letter and any further letters you may send. You also attempt to justify this charge by stating that it is in accordance with your standard terms and conditions. I would be happy to reimburse your organisation the reasonable costs that you have incurred in recovering the late rent, however I object to paying £40 + VAT for a letter telling me what I already know. Since you do not appear to have spent any time other than sending standard letters to me; I have not been visited by anyone from or representing your organisation. I did however receive a phone call from one of your employees reminding me to pay the outstanding rent, it is clear that the letters are self-sustaining instruments for your organisation to (unfairly) generate income from our tenancy agreement. I signed your terms and conditions upon taking the tenancy, however I was not given the opportunity to review or amend the conditions, thus making them (whether specifically mentioned there-in or not) standard terms and conditions. You will also no doubt be aware that simply because a term is written into our agreement, it does not necessarily make it fair. The clause in Foxtons terms & conditions to which I am making this complaint reads as follows: “An administration fee of £40 + VAT will be charged for each letter sent by Foxtons regarding late or non-payment of rent or administration charges. If any charges remain outstanding at the end of the tenancy, Foxtons will deduct the amount due from the deposit.” It does not state the frequency at which any letters are to be sent in the event of late payment of rent. I have subsequently discovered that it is a policy of your organisation to send out arrears reminders letters on a weekly basis. I believe that your standard terms and conditions are unfair, and as such unenforceable in law. The OFT has provided guidance as to what can be considered unfair terms in tenancy agreements. A judge would also rule it as an unfair term given the circumstances should this matter be brought before a court. Please remove these charges from my account immediately, and do not incur any further unreasonable charges of this nature in the future. Failure on your part to comply with this request will result in a court action against Foxtons at a time of my discretion, which if you lose will render you liable for the disputed charges plus all associated costs, and a liability order would be issued against you. I also reserve the right to lodge a complaint to the office of fair trading about your standard terms and conditions. I require a written response from Foxtons within 14 days from the date of this letter. Yours sincerely ----------------------------------------------------------------------------- It will undoubtably get their backs up, and they might try some funny business when I eventually do move out. I am sure that If i do all the right things and read the advice in this forum then I wouuld be able to defend any "trumped up" charges by taking all photographs as evidence e.t.c. There's alot of cases deposit disputes on here, and some very good advisors such as yourselves. The good thing about it is that my argument is with the agent, not the actual landlord. therefore as long as I agree any repairations with the landlord upon leaving, then the agent shouldn't be able to try any stitch-ups.

Good Idea MrShed, However I have got reservations about withholding the last months rent as it would put me in breach of contract. The agent would be more likely to try and stitch me up with some other trumped up charges on the inventory and maybee not look so good if it went to court. I want them to acknowledge that their charges are wrong. I haven't seen any cases like this on the forum and maybee its' just this particular agent playing the numbers game with unsuspecting suckers. The threat of court action might rustle some feathers. Also the threat of a complaint to the OFT wouldn't go amiss.

Last November I was involved in a nasty car accident, and as a result had some time off work (without pay). The lack of income could not have come at a worse time (before christmas e.t.c.) and as aresult I started to get behind on my rent payments. Although I am now in the black again, it took a couple of months for me to pay off the rent arrears. I am in a rolling AST agreement with an agent. They have charged me £40.00 + VAT for each week I was in arrears, by virtue of a reminder letter claiming to cover the administration charges. To date I owe them nearly £400.00 in administration charges for the time I was in arrears. They will deduct this moiney from my deposit upon termination of the tennancy. I believe these charges are unfair, and unenforceable in law and the OFT gives guidance which confirms this. I have drafted a letter to the agents requesting the removal of these charges, but before I send it to them, I wanted to check if anyone has had a similar experience?

I haven't received my money back

Mate, you're wasting my time reading your egotistical babble.

When I visit this site, i really dont want to read through thousands of lines of junk before I see any useful information. DarkKnight you really should spend your time putting your energy to some more constructive use, rather than trying (too hard) to justify yourself. You are not helping, in fact you are a time waster actually.