Ask an Property Solicitor. Get an Answer ASAP.
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What are you hoping to achieve?
The £300 you paid for the reference? Were you issued with any terms and conditions which said the fee is not refundable even if you failed?
Yes that you would like to get the £300 or yes that you were issued with these terms?
Ok thanks. The first important thing to do is check the contract you signed to see if it allowed the agency to keep the money in the event of a failed reference. You have to remember that by agreeing to have the check done you are agreeing to have a service carried out so whether you passed or failed the service has been varied out and as such they could potentially keep the fees as long as this was made clear to you at the outset. So if the terms you agreed to said that these fees are non-refundable, regardless of the outcome, then they can keep them.
Saying that there is nothing stopping you from trying to pursue them further and exerting some pressure on them to try and get that back, even if the terms say otherwise. You can send them request and reminders and even warning in the end that you will take this further if you do not get these refunded. They can still refuse of course and if they do then your only way to get it back is to try the small claims court. I would advise against doing this if the terms state this was a non-refundable fee, but if it did not then you may indeed try that.
Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to take to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.