Rental agency taken rent twice!

[tj2002]

Just after a bit of advice, my girlfriend has recently moved in to a room in a shared house run by a rental agency/management co. They have taken her deposit and 1st months rent but have then taken the rent again. This was identified yesterday morning and had been taken over the weekend meaning that any spending she has done since then has been sending her into unarranged overdraft.

She was on the phone to the management company yesterday who assured her that the money was going in etc, she insisted on a CHAPS payment and apparently it would be in by close of business yesterday. It's still not there now. Apparently they're doing all they can but will not be paying any bank charges incurred as a direct result of their incompetence.

From a legal standpoint is there anything she can do to make them pay for those charges, small claims etc? Unfortunately this isn't a DD payment so claiming indemnity is out of the question and the bank can't help. Hopefully they'll just pay but I'm trying to understand legally where she stands so she can force their hand if it comes to it.

Any advice greatly received

[mcflurry]

Was it a direct debit? If so, then use the DD to cancel the payment for good value

[tj2002]

Not a DD unfortunately or else she could just claw it back through imdemnity

[tj2002]

Hate to bump but need to have some ammunition to come at them with today

[PurpleMoonlight]

If it's not a DD, exactly how was the money 'taken' from her account?

[tj2002]

Standing order possibly, can't have been a dd as there was no dd guarantee provided. She filled out her bank details when completing the paperwork a couple of weeks ago

[PurpleMoonlight]

A SO isn't taken from the account, it's given from it.

It might be easier to sort out if the facts are known!

[tj2002]

Apologies if I was unclear, just checked with her and the 1st 2 payments (rent and deposit) were VIS payments and were made over the phone round about the 29th. The second one is an SO payment and was taken on the 2nd August.

So they should have either only taken payment for the deposit over the phone and let the SO kick in on the 2nd August OR collected both over the phone and start the SO on 2nd September. They've done all of the above in August.

[PurpleMoonlight]

How do you know the agent is at fault?

It could easily be the bank cocked up and started the SO a month early.

[tj2002]

Erm beacuse they've admitted it and have said they've paid it back in yesterday through CHAPS. Clearly they've done it through BACS though as it's not there.

The issue is with the charges that will follow as a result of this

[PurpleMoonlight]

If their error has caused her bank charges then yes she can claim them back from the agent, and sue them via the county court if they refuse.

[tj2002]

Perfect, thats the reassurance I was after, thanks for your help

[sussexjob]

i think it's your fault as you paid them. At least it was returned.

[Toro Rosso]

sussexjob said:

i think it's your fault as you paid them. At least it was returned.

This. They have admitted it was wrong and paid it back because they have the rent twice, but the reason for the double payment was an incorrect standing order which is sent not requested. Therefore the error lies with whoever setup the SO - the bank or your girlfriend.

That said, if you don't ask you don't get - you might as well try and get compensated for the charges. Just don't go in guns blazing as they may not be so receptive then!