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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had completed TOB with new property letting, so paid

Resolved Question:

Hi,
I had completed TOB with new property letting, so paid the reference fee (360) and reservation fee (640) total 1000 to the agent. But changed mind as another one is better, so asked if I can get refund after reasonable penalty. Agent (Martin&Co.) didn't like it, saying the Reference check has been finished, but they would contact their company HQ. When I check with Reference company (landlordhub), though, it was not completed so I asked hold it, forwarding/sending email about communication between myself and agent. The agent delays to give me decision, saying that they cannot push company HQ for decision. So, I waited 1 week and chased it again, they replied I need to wait 1 week more. I cannot wait more as the "another property" cannot wait for me further, so I asked Martin&Co that I have to proceed the moving in as cannot lose 1000 pounds. However, they now say that I am not allowed to do that, because it was me who wanted to withdraw. And according to TOB, I should lose whole deposit. The communication (email) was clearly stated that "I would pay REASONABLE PENALTY 360 pounds". Can they just keep insisting both not to pay me back (some of deposit) and not allow me to continue the contract?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. No they can not. It is illegal to impose a penalty by law.
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 for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex