Estate agent not being honest with my son?

[hairpin100]

My son just rung me frantic because a woman at Jeffries is taking his £370 deposit cos he`s self employed. He viewed a property and said he wanted it, so went back to the office to fill out forms, when it came to employment part he told her he is self employed (he`s been renting a flat for last 6months), she told him it would be better to put that he was `employed` for it to go through, which he did (he`s only young). He paid her the `admin fee` of £370 to secure it and left. Couple of hours later the same woman phoned him and said it didn`t go through because he said he was employed, not self employed and the `admin fee` was non refundable. I know he shouldn`t have listened to her, but surely there must be something he can do, he can`t afford to lose a weeks wages for nothing. Sorry if wrong place my first post. If anyone can help it would be greatly appreciated, and a bit urgent i think. Thanx in advance

[citizenB]

So in the first instance the rep advised him to fib on the form.. then advises that because he did, the fee was non refundable ?

 

It might be worth having a word with the legal team at Shelter

 

http://england.shelter.org.uk/get_advice/private_renting

 

Sorry, you will have to search for the telephone number, on their website.. linked above.

[rebel11]

Hi hairpin100

 

Welcome to CAG

 

How did he pay the deposit?

 

That's very dubious behaviour on the part of the estate agent.

 

http://www.which.co.uk/consumer-rights/action/how-to-complain-about-your-estate-agent

 

http://www.naea.co.uk/

 

Don't speak to them over the phone. Send letters Recorded Delivery.

[hairpin100]

Thanks for replies, sorry took so long been on the phone to me missus, now she`s all worried about it.

citizenB Her actual words were, according to my son, `I shouldn`t be telling you this but it would be better if you put employed rather than s-employed`

rebel11 He paid cash, got a receipt but whats that worth?

Don`t s`pose there`s any sort of `cooling off` period on this sort of thing, clutching a bit here:lol:

cheers again for taking the time

[rebel11]

Hi hairpin100

 

You have the Misrepresentation Act 1967, you will need to throughly research to make sure it applies.

 

http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967

[hairpin100]

This is about the closest part that might be worth an email, as far as i can see. At the end of the day its gonna be his word against hers isn`t it? You wouldn`t have had these sorts of shanangans in my day..... When i was a lad...... cheers again rebel11 (god knows whats happened to me typing, this wouldn`t have happened in my day either!)

 

Fraudulent misrepresentation

 

A fraudulent misrepresentation occurs when someone makes a statement that -

 

• they know is untrue, or,
  
• they make without believing it is true, or,
  
• they make recklessly
  

If you enter into a contract as a result of a fraudulent misrepresentation, then you can cancel the contract, claim damages, or both.

The Misrepresentation Act 1967 allows you to base your claim on negligence or on the fraud.

In addition, when a misrepresentation claim is based on negligence, the law states that the person who made the misrepresentation has to disprove the negligence.

In other words, they must prove that they had reasonable grounds to believe the statement, and that they believed the facts represented were true.

[rebel11]

Write a letter to the Manager at the Estate Agents, send it Recorded Delivery, see if they do the right thing.

[hairpin100]

Think i will, rebel11. C if there is any decency left in the world. Thanx for all your help and thanx to citizenB too. Peace out

[*RainbowTears*]

Have a go at contacting your local Trading Standards.

 

As I, a few years back, paid a £300 deposit (in cash) to a LA for a property. For whatever reason the property fell through.

 

The LA told me I had lost my £300 deposit & that was that.

 

So I contacted my local Trading Standards office & explained what had happened.

 

Within a week or so of contacting TS, I had a full refund of my money.

 

As an aside; I think the EA who told your son to lie, acted in a dispicable way, esp as she then "charged him" £370 for it!!

 

The following may also be of use to you.

 

http://www.tpos.co.uk/make_complaint_rents.htm

 

http://www.arla.co.uk

[hairpin100]

Thanks for the advice *RainbowTears* i`ll do that. Gonna send email to EA`s head-office asking them if thats company policy how she acted,

sad that it seems all that matters nowadays is money, `money is the root of all evil` so true. Thanx for taking the time *RainbowTears*

Peace out

[*RainbowTears*]

Thanks for the advice *RainbowTears* i`ll do that. Gonna send email to EA`s head-office asking them if thats company policy how she acted,

sad that it seems all that matters nowadays is money, `money is the root of all evil` so true. Thanx for taking the time *RainbowTears*

Peace out

 

 

You are very welcome indeed!

 

Try to keep your complaint to the events that happened with the EA. Do tell them about the EA actions, regarding lying on the application form & why the EA said to do it.

 

Do point out, that if it wasn't for their EA representative stating to write Employed instead of Self Employed then your Son wouldnt be in this *position now.

 

*Sure your son didn't have to listen to the EA, but as your son is not an EA, he took the advice of someone who does it for a living & you naturally default to them, as it's their job & they know better!!(supposedly anyway).

 

Be firm but fair in your letter & tell them what you want them to do in resolving this issue. I.E full refund & nothing less.

 

You can also send a copy of the receipt, do NOT send them the original. Make a couple of copies in case you do have to take your complaint further.

 

If you do not get what you are seeking then do get in touch with Trading Standards & check out the links I gave.

 

Good luck & let us know how you get on.