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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I forgot to cancel my standing order, so i have been charged

Customer Question

I forgot to cancel my standing order, so i have been charged for the flat rent again, however i shouldn't pay anymore as i have already moved out. I called my landlord, but she refuses to send me money back. What should i do now to get my money back?
Kind Regards,
Marina
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

How much does she owe you back?

Customer:

hello, she owes me 400 pounds

Max Lowry :

Okay - the best thing to do is to issue proceedings online at www.moneyclaim.gov.uk

Max Lowry :

It's cheap and fast to issue court proceedings this way, but obviously, you should write/email the landlord first demanding it back and telling them that you're going to issue court proceedings if no reply or not paid back.

Customer:

I have send her a text message where i asked her to send me money back within 5 working days, she ignored this message and didnt text anything back. I also texted her a day ago, saying that as she ignores my messages and calls, i will fill in a form for small claim court. She ignored this text message aswell.

Customer:

I didnt write any official letter tho. It is everything in text messages.

Max Lowry :

Do a letter - always best to have that.

Max Lowry :

Then, if not paid back within 10 days, you can go ahead and issue the claim.

Customer:

Official letter thru post or email will be enough?

Customer:

it is already 10 days passed since

Max Lowry :

Email is enough.

Max Lowry :

I know, but do the formal email giving her at least 7 days then.

Customer:

What should I write in this letter exactly?

Max Lowry :

Just say you refer to the text messages and that she refused to give the money back. Tell her why she owes it you and then insist it be paid within 7 days, failing which, you will commence a court claim against her for repayment.

Customer:

I already texted her on 25th of Jan (money from the account were taken on 17th of Jan) : could you please tell me when will you send my 400 pounds back? If you ignore my message or don't give me a call back tommorow morning I will fill in a form to small claim court.

Customer:

should I still give her a letter and 7 days?

Max Lowry :

Oh I see - in that case, you could just go ahead and issue.

Customer:

She also is still holding my deposit of 500 pounds. Agency can't give it to me without her permission, however she is not giving any unswers to them aswell.

Max Lowry :

Well, in that case, then you add that to your claim amount

Customer:

500 pounds you mean?

Max Lowry :

Yes.

Customer:

I texted ''my deposits'' about it, as it has been protecvted with them, should i leave that with them or should i add this amount to case?

Max Lowry :

No, you will need to sue the landlord for that too.

Customer:

Alright, thank you. will do that then

Max Lowry :

Okay - thank you, XXXXX XXXXX luck - hope it sorts quickly.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Customer:

Ok.

Customer:

will do

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