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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, Recently I sent a complaint to the general manager of

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,
Recently I sent a complaint to the general manager of a letting agency in London unhappy experience, but the manager replied me with a bad attitude. The agency has its own properties, and I tried to rent their flat. My name is ***** ***** the contract, so I am not a tenant. However, I am a 'stakeholder' because I paid half of rents to live with my partner.
After sending the first email to the general manager, his PA replied me (he took annual leave) in two days with an answer which I wasn't very happy. So when he came back I emailed him again saying that there are some concerns remained unanswered and would like him to look at the matter. He replied with a conclusion of 'have nothing to add'. However, I am quite sure that an important issue was not answered, so I replied back to chase up, but got no reply. When I realised that he will not reply to me, I emailed him my disappointment and request of a 'Completion of Procedure' letter so I can take the letter to the ombudsman with a deadline in two days. In two days, he missed the deadline, so I sent him an email saying that you missed the deadline, I can confirm I got no further email from you and the matter will be referred to the Ombudsman. He replied afterwards with an accuse of 'please I insist you must stop harass me and my employee by continuous email.' I think this is quite a strong word and feel distressed. I was just trying to communicate and get an answer of my concerns as I believe he did not follow the procedure of their complaint policy.
I have 3 questions matter:
1. Did I harass him?
2. Did he harass me by this email?
3. If he did, can I report the matter to the police?
This happened last weekend and I feel extremely uncomfortable and distressed during the weekend as it, in my feeling, has affected my live. Much appreciated if I can get some help from you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : How many emails or letters have you written in total please?
Customer:

Alex, according to their complaint procedure, all complaints should be sent to a specific email address. My initial complaint letter was sent to the address on 31/12/2014 and after about 10 days I sent the letter to the address again but got no reply. Then I sent the letter to the general manager on 14/01/2015, his PA replied me in about one or two days, and I replied this email immediately stating my unsatisfaction. After 19/01/2015, the date the GM came back, I sent him 'did you look at my matter and got any answers ', he replied with 'have no further to add'. I immediately replied 'I believed that there is still some questions unanswered please look at the matter.' And in two hours I sent him some comments of my overall experience and set the deadline. The final one was last friday when the deadline was passed. So overall, to GM's email address and conversation directly to the GM, four emails.

Customer:

Alex, can you be back online? Would like to have a efficient solution. Many thanks.

Alex Watts : Ok so you have sent probably about 5 or so? What is it you want to achieve?
Customer:

Briefly saying 1) they offered us a £350 pw flat we counteroffer £340 but the agent was 'too busy' to let us know so we have to take a £365 pw flat. I would like concession. 2) they treat me not polite but polite to my partner. 3) delayed service: contacted them two months before moving-in date but can only secure two days before the day 4) did not tell me rental fee (checkin fee, inventory list fee, reference checking fee, etc) before presenting me the ToB (not clearly listed on their webpage, only in a downloadable pdf document).

Customer:

would like refund of rental fee and compensate us the £15 difference.

Customer:

Another issue was immigration reference checking but i accept the explanation by the PA of GM and told them.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : Given you have done that you may wish to skip the step
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Customer:

5 if the reply to the PA (but she used GM's account) is counted

Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clarify anything about this today please?
Customer:

am I entitled to ask refund? I am not tenant but my partner is and we pay 50/50. She did not write complaint letter but I did

Customer:

In other words, are they bullying me?

Customer:

And also, my initial three questions: did i harass the GM?

Customer:

Did he harass me by replying that?

Customer:

Many thanks

Alex Watts : Yes you are entitled to ask refund. No this is not harassment on both sides.
Customer:

Alex, thanks. One last question before going to give your rating. What is the suggestion from you? The best next move is do nothing? If he's angry and send me back unwanted email should I go to report to the Met? What is the boundary of harassment?

Alex Watts : Do nothing. Just issue proceedings. Harassing is where it causes one party alarm, distress or harassment, this is not that.
Customer:

Feel quite distressed in this weekend, as the reply comes from last Friday. But thank you very much.

Alex Watts : Happy to help but issue proceedings online today
Alex Watts : Can I clairfy anything else ?
Alex Watts : you?
Customer:

The best way is to find a solicitors to issue procedings?

Customer:

sorry just this one last question

Customer:

is 'issue proceedings' in the form that the link you sent me?

Alex Watts : yes
Customer:

no need to find solicitors?

Customer:

okay many thanks. have a good evening and weekend.

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