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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I rented a flat and the contract ended in August when

Resolved Question:

,
I rented a flat and the contract ended in August when I moved out. Got return of damage deposit in full and left on very good terms with landlord. In September, I noticed that the standing order rent was still in place and had paid her a month's rent so I advised her of this and she refunded the money that had been transferred in error. She did so within 3 days. On that same day, I cancelled the standing order online, or so I thought. In December, I noticed that another 3 payments had gone to her and the standing order was still in place. I wrote an email to her on the 8th December and advised her of the error and asked return of three months rent. She didn't answer. I left it a few weeks and wrote again in the first week of Jan. She didn't answer so I rang her and left a msg. She rang back and was initially pleasant and then became aggressive and said that the bank transfer was my problem and that I could deal with it in any way I wanted and then she accused me of harassing her and hung up the phone. My money is in her account and she hasn't paid it back. Where do I stand legally? Kerensa Sheen
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 :

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.



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.



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.



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 .



Can I clarify anything about this today please?

Customer:

It is than £10 k therefore it will be small claims court. Does she have the right to keep the rent money when I have moved out and the contract has been terminated? Are my losses, simply the amount transferred to her in error? thanks

Alex Watts :

Yes it will be a small claim. There is NO right to keep the money.

Alex Watts :

The loss is the amount of money paid in error, yes

Alex Watts :

Does that help?

Customer:

Yes, thanks

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