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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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We handed over £300 in cash to an estate agent to process

Resolved Question:

Hello.
We handed over £300 in cash to an estate agent to process our references with regards ***** ***** a rental property in Birmingham. We have never signed a contract nor did we give them the filled in reference forms as my job location has now been changed to Malta because of brexit so we could not continue to take the property. The same day I found out I informed the agency which has then said that it was a non refundable holding fee and they would think about giving it back to us if they filled the property which they have as it is no longer lusted. I have been trying to contact the agency but they are ignoring my calls. I am asking for advice in the best way to get our money back as no referencing was done and it was money paid in for that purpose. Any help is very much appreciated.
Submitted: 5 months ago.
Category: Law
Expert:  Alex J. replied 5 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did they ever say to you that the deposit would be "non refundable"? Kind regards AJ

Customer: replied 5 months ago.
We were never asked for a holding fee only a reference fee. It does say that both are non refundable but that is for actually doing the service of getting references done. Absolute no referencing was done so we paid for a service we never received.
Expert:  Alex J. replied 5 months ago.

Hi, Thank you. I would write to them as follows:

(i) You paid for a service;

(ii) You cancelled the service before it was carried out - on that basis the money should be refunded;

(iii) Say if they do not return the money they are simply charging you a penalty for terminating a contract which is unenforceable under English Law'

(iv) say if they do not immediately return the money you will either report them to Trading Standards and or reserve the right to sue them

https://www.moneyclaim.gov.uk/web/mcol/welcome

If they still do not return the money you will have to consider making a country court claim against them.

Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
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