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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I have rented out an apartment in Portsmouth. I had transferred the rent of 6 mont

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Hi,
I have rented out an apartment in Portsmouth. I had transferred the rent of 6 months 10,121.00/GBP from Middle East to the real estate agent's account on 18 Jan,2016. Within a day the amounted was credited in their account. But the agent couldn't trace this amount in their account due to their negligence. We were supposed to move in on 22 Jan. But since they couldn't trace the amount we were forced to stay in the hotel for another three days since it was a weekend. On 25 Jan Due to my urgent necessity I was forced to pay through my credit card which I was charged 2.5% extra. The next day they confirmed that the money had been credited in their account on 18 Jan. Is there any way I can sue this company for my mental pressure & financial loss? Please advice.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Unfortunately you do no actually have a contract with the agent so you cannot sue them directly, they do not have a specific contractual obligation to you. However the agent is dealing with customer deposits therefore if you want to claim compensation you could make a complaint to the Financial Ombudsman. This would be on the basis that their negligence caused you a loss as they could not account for monies you had sent and accordingly you had to incur the expense of a hotel - www.financial-ombudsman.org.uk/Is the credit card you used an English credit card?
Customer: replied 1 year ago.
Hi Alex,The credit card is from Middle East. We don't have any issues with the contract only the negligence on their part in tracing the money. Due to that I had to extend my 3 days more stay in hotel 420.00/GBP & the 2.5% extra 253.00/GBP. Now transferring this money back to my account I might lose 200.00/GBP. This is my actual direct loss. Tell me the easiest way to get back this money or else send me a drafted letter addressing the agent using the legal words so that I can send it to them.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I am afraid we cannot draft letters on behalf of customers here - this is service is a question and answer service only. As you do not have a direct contractual claim a court claim may be a waste time and money. A complaint to the financial ombudsman would be the easiest (not necessarily the quickest) way to get your money back - they can award compensation where you have been treated unfairly by someone providing a regulated service.
Customer: replied 1 year ago.
Financial Ombudsman is a Govt firm/private? Will we need to pay for this?
Expert:  Alex J. replied 1 year ago.
Hi Thank you. Here is a link to Ombudsman Services http://www.ombudsman-services.org/letting-and-managing-agents.html - they are quasi Judicial and have statutory powers to award compensation. There is sometimes a small charge for administration, but this is far less than anything you would be charged in court fees. Kind regards AJ
Customer: replied 1 year ago.
Any idea what will be the administrative charges approximately? How long will it take? Since I'm a tourist will I need to be here until everything is settled.
Expert:  Alex J. replied 1 year ago.
Just checking the site, using the Financial Ombudsman is free of charge, all you may incur small costs sending and copying documents. Before you make a complaint you have to give the agency an opportunity to resolve the complaint - I would write to the as follows:- Say to them that their actions have fallen below any implied standards of providing a service with reasonable care and skill under the Supply of Goods and Services Act 1982;- Say that as a result of their negligence you have suffered significant losses;- [Itemise the losses] say to them that if they do not make a proposal to compensate you within 7 days you reserve the right to make a complaint to their regulator and/or the relevant Ombudsman service.I look forward to hearing from you.Kind regardsAJ
Customer: replied 1 year ago.
Thank you very much
Expert:  Alex J. replied 1 year ago.
If I can assist any further please do not hesitate to contact me.
I would be most grateful if you would take a moment to rate my answer.
Kind regards
AJ
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