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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning, i just write few line to explain what happened

Customer Question

good morning,
i just write few line to explain what happened to me.
on saturday 22 08 15,i been looking for a room and the agent sign my behalf, after that when i gave 200£ of holding deposit room i did bot have any call or information about, and the agent sat to me the office will call me on following working day.
after all this after 3 day i went in the office to rescue my money back and they sat cannot doing this because we holding the property only for you and nobody else.
then i been try to be resonable to get at least 100£ back and they sat they will call me, but never happened.
I really would like to know if there is anything that i can do to have my money back.
please be in touch
giulio bulfaro
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you have any agreement with the agent that they will hold the deposit if you paid it and decided against the room?
Customer: replied 1 year ago.
yes i got the receive about the holding room
Customer: replied 1 year ago.
but they never call me back to talk about the moving in
Customer: replied 1 year ago.
i been doing same reserch about this agency in internet and i saw is totally scam
Expert:  Ben Jones replied 1 year ago.
How did you pay the deposit?
Customer: replied 1 year ago.
i gave 200£ cash
Customer: replied 1 year ago.
i got the recieve on me i will send you shortly
Expert:  Ben Jones replied 1 year ago.
There is no need thank you
Customer: replied 1 year ago.
ok
Expert:  Ben Jones replied 1 year ago.
Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the other side. It is implied that they have accepted the deposit as security and as proof that you want to proceed with the contract, which is to get the room. Even if you have decided against getting the room, the agent should not keep the deposit unless they have suffered some losses as a result of your decision not to proceed with the rental. For example, if they had to spend money on re-advertising it, pay other fees, if they have spent money on reference checks for you, etc then they can withhold all or part of the deposit to cover those expenses. However, if no losses have been incurred and they are able to get someone else into the room then they should not keep your deposit and it must be returned. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.{C}2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.{C}3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
just to understeand better, i did not sign anything, the agent sign my behalf with is signature
Customer: replied 1 year ago.
and after i gave the money he run off
Expert:  Ben Jones replied 1 year ago.
it does not matter if you did not sign anything because what matters is that you had expressed an interest in the room and also by paying a deposit you would have confirmed your intentions and interest. But still the only way to pursue this is as mentioned in my earlier response
Customer: replied 1 year ago.
this behavoir that they had is quite unfair. i feel stolen to be honest
Expert:  Ben Jones replied 1 year ago.
Yes I completely agree but it does not mean it would be easy to get the money back especially as it was paid in cash, so the best way to pursue it is as explained earlier - you cannot really force them to return it in any other way
Customer: replied 1 year ago.
sorry sollicitar, since i gave 200£ i did not get anything from this agency. no a text no a call no a Email what i suppose to think?
i got an other location right now because they told me they will might take off this room out of the market.
Expert:  Ben Jones replied 1 year ago.
I fully understand your position and know that the way they have acted is unfair but at this moment they have your money (in cash) and you need to try and get that back. You cannot go to your credit card company or bank to try and deal with it because it was paid in cash. So the only way to do it is to contact the agent as I mentioned above, send the reminders I told you about and pursue it all the way to court if necessary - that is the only way you can try and get your money back
Customer: replied 1 year ago.
after 3 days i went in the office to explain the problem what the agent did to sign on my behalf and the person i spoke with became quite difensive to do not give my money back
Customer: replied 1 year ago.
i will try to contact them
Expert:  Ben Jones replied 1 year ago.
Follow each step as I explained and in the end you could just make the claim online
Customer: replied 1 year ago.
is it possible contact money claim by phone?
Expert:  Ben Jones replied 1 year ago.
No, you submit the claim either online or by post
Customer: replied 1 year ago.
ok sollicitar thank you for your time.
Customer: replied 1 year ago.
i appriciete it
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
i will do
Customer: replied 1 year ago.
there is few thing that i dont understeand. after i sign in in money claim i will assist by any sollicitar?
Customer: replied 1 year ago.
i never did this before and i don t know how is working
Expert:  Ben Jones replied 1 year ago.
No you will not get automatic assistance by a lawyer - this is for you to arrange but you do not need it for such a low value claim
Customer: replied 1 year ago.
just a confidential question.
Customer: replied 1 year ago.
do you thimk is better go an speak again with this agency insteand to go for this long process?
Expert:  Ben Jones replied 1 year ago.
Yes definitely - for £200 to go to court is probably too much, I suggest you try to resolve it directly with the agency and if needed also make it clear that you would not hesitate to go to court if needed (even if you are not going to)
Customer: replied 1 year ago.
i feel quite disappointed you know
Customer: replied 1 year ago.
because i been very resonable about it and they sat will call me and never happened
Customer: replied 1 year ago.
how i should react is their answer is a strongly no?
Expert:  Ben Jones replied 1 year ago.
Then you have to think if it is worth going to court and spending more time and money or accept that you may not get the money back - only you can make that decision though
Customer: replied 1 year ago.
you are right
Customer: replied 1 year ago.
thank you sollicitar i will go to speak with them
Customer: replied 1 year ago.
i give 5 star as a rate
Customer: replied 1 year ago.
thank you for your time have a good day
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Customer: replied 1 year ago.
Solicitar
Customer: replied 1 year ago.
I went to tali with this agency, apparentlythey post The other behalf of recieve
Customer: replied 1 year ago.
They lost
Expert:  Ben Jones replied 1 year ago.
Hi please continue this in the new question you posted where I have replied hanks

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