I'm in need of some sound advice. When renting through the estate agent chain Martin & Co, I encountered numerous problems and had trouble getting my deposit back mainly due to lack of customer service rather than anything else. Well, things have just got a whole lot worse, despite having left the property at the end of October last year.

I have just pin-pointed a considerable shortfall in my bank account to the fact they have taken £850 rent for the last four months (via standing order) despite me clearly having handed back the keys and received my deposit back. You would think that given the hassle I had given them at the end of my tenancy my account would be the one they ensured they got right!

I appreciate it is in my best interests to check they are no longer claiming money via standing order however feel this should be a given. Clearly I am going to approach them to receive the full £3400 back. However what is the best way to do this? Also, would I be best to include a sum to cover lost interest and the distress caused? - I know "distress" can often be over-used however trust me this is incredibly stressful!

Any advice would be really, really appreciated. Thanks in advance.

CAB first, but I guess if you don't get the money back straight away you're going to have to go through the small claims court?

I take it you have proof from them that you ended the tenancy, official letter from them acknowledging termination, though I suppose the fact they returned your deposit is proof in itself etc?

Maybe you should call the bailiffs in :-)

Thanks for the quick reply.

CAB?

Have full documentation regarding end of tenancy, don't think they would ever try that one thankfully.

In your opinion:
- should this be straightforward reclaiming?
- should I add lost interest and distress damages?

CAB - Citizens Advice Bureau

Haven't got a clue about the reclaiming, but I do think personally as an outset bargaining position you should bump up thje distress damages, they can always negotiate you down, or iot might force them to settle faster.

I'm not a lawyer though, so as I said the first thing is your local CAB.

http://www.citizensadvice.org.uk/index/getadvice.htm

Afraid to say but it is your own fault, Standing orders unlike direct debits come form you rather than being "demanded" you should have requested a standing order with a termination date.

However this being a mistake and having bank statements as proof they should give your money back ASAP, if they don't, instantly go to the small claims court, they have no leg to stand on, it is a simple mistake.

Hi there - agree with previous poster - sadly, if it is a Standing Order - you should cancel it to ensure the payment isn't made automatically.

SO - your responsible - DDR - they are responsible.

I'm sure that you'll get your money back but my agency charge for any such payments - something like £10 per hundred - don't be surprised if yours do the same. It will be in your agreement if there is any such charge - if not in the agreement and they charge you, then you can make and issue - but for a small amount it's probably not worth the hassle. Also mine say that it will take 2 weeks to recompense and also it will be by CHEQUE!!! So count that as 3 weeks.

Sorry to be the bringer of bad news.