Standing order paid by mistake to letting agent after tenancy ended

[Angel_lover240]

Hi - my daughter completed her degree this summer and left her rented accommodation at the end of June. She forgot to cancel the standing order from her bank account to the letting agents and so a payment of £912 was paid to them at the end of September. The rent was paid quarterly and I think the summer one didn't get paid as she had no money in her account. She had just received her first month's salary which meant there was sufficient funds for the standing order to be paid this time.

She called the letting agents as soon as she realised what had happened and they said they would send her a cheque less £10 admin fee.

The cheque didn't arrive, so she called them again and was told the cheque was in the post and that is should arrive within the next day or two. It didn't arrive so she called again yesterday, and was told it would be put in the post and should arrive today, but it still hasn't.

Could somebody advise as to the best course of action please?

Thank you!!

[SabreSheep]

letter before action demanding the payment back completely. Without admin charge as there is no tenancy agreement in force there is no obligation to pay any fees.

 

give 14 days from reciept of her letter when you will refer to the small claims court (Only do this if she is willing to do that. Easy and hassle free and we here can help)

[Angel_lover240]

Wow, that was a very quick response, thank you!! This is probably a stupid question, I've had a quick look around the forum but is there a template for a letter before action? Or is it just a question of literally stating what has happened then asking them to send the payment back completely without deductions??

Thanks so much for your help SabreSheep!!!

[SabreSheep]

Something along the lines of

 

Dear XXX

 

LETTER BEFORE ACTION

 

On XXX I paid YYY by standing order that was set up for the tenancy agreement Ref XXXX on date XXXX

 

The payment mentioned above was accidentally made after the conclusion of the tenancy

 

As per phone conversations on XXX and XXX and XXX you agreed to refund this.

 

As no contract is in force there is no legal standing for charging an admin fee.

 

I expect to have the amount XXX refunded and cleared within 14 days. If you fail to comply I will begin legal action in the small claims court for XXX and any legal fees incurred.

 

Yours Sincerely

 

 

Blaaaa

[Angel_lover240]

SabreSheep

That is most helpful!! Thank you very much - I will pass on to my daughter and get her to send to the letting agents!!

Will keep you posted!!

[numbers666]

Most businesses have to pay bank fees for making a transfer \ chq payment. Maybe five quid for a faster payment \ 50p per cheque etc. It would be reasonable to deduct these for an error not of their manufacture imho. However to delay this, is unreasonable, even if it takes a couple of days for 2 signatures.

 

Don't forget 24a theft act 1968 amended 1996 retaining a wrongful credit. Once informed it is erroneous, it must be returned in a timely manner.

 

Always good to throw at stubborn companies when they dilly dally.