Foxton's Fucking Us Over - update

[dryfter]

Right, after spending most of the day arguing with them, Foxton's have agreed to release a further £300 back to us - but not the full amount.

The rest is due to three days in February 2004, which was a leap year.
Our contract is listed as being x hundred pounds a week, although we pay monthly, at 4.34 x the weekly rate.

Our contract started on the 31st of a month, and so we were always paying a month in advance, to the end of the next month.
However after February, apparently this changed - because February only went to the 28th, our payments from then on were only covering us to the 28th of the next month.. so on our final payment I assumed that we only had to pay from the 31st onwards, but actually we were due from the 29th onwards. So that means we're short a few days according to them, but then the entire payment was lost by them anyways..

Smells a bit suss to me; basically they seem to be saying that because february was shorter than usual, we owe MORE than usual, rather than the same or less.

WTF?

Comments

[drreagan.livejournal.com]

Nah, that doesn't sound right. Paying the usual amount for a short month should me you are ahead in your payment. If its already taken into account for averaging over a whole year then it wont make a difference, leaving just the leap-year day that might possibly be in doubt. That doesn't sound like 200quids worth.


Get them to fax you a copy of the accounts for what you've paid. Have them include the date paid, amount paid and the period paid for. Then match it against a calander to double-check them.

[drreagan.livejournal.com]

If nothing else, you can tie them up in adminstrative crap so it soaks up whatever money they end up scamming from you ;-)

[wintrmute.livejournal.com]

I feel that way myself.. They have strayed slightly beyond the 28 days allowed to return deposit, so in theory we're allowed to claim interest from them.

The Foxtons agent pointed out that "You know that interest on a few hundred pounds for a few days won't add up to very much at all?" and I pointed out that Foxtons had been scamming small (to them) amounts of us and making us run around in circles to get it back, so we had no qualms about making them spend a bit of effort too.

They're posting us a statement of how they reckon all this stuff is figured out, so I'll be comparing that to what our contract and bank statements seems to say, too.

[http://users.livejournal.com/_j_o_s_h_/]

Could try using the 'three-strikes' rule - any time someone at their end says something that's incorrect, a lie, complete nonsense, etc, make a mark. When they get three marks, refuse to speak to them any further on the grounds that they're clearly incompetent to deal with the issue, and ask to speak to their superior. Keep notes of all similar 'mistakes' and recite them back at regular intervals to keep them on their toes.

Also, you might find these useful:

https://www.moneyclaim.gov.uk/csmco2/index.jsp
and
http://www.courtservice.gov.uk/you_courts/civil/claimant/index.htm
and
http://www.courtservice.gov.uk/you_courts/civil/fees/feeslist.htm - hopefully, you won't need them...

[squiddity.livejournal.com]

Presumeably you paid the same amount in February? Therefore, as Feb was shorter, you were in fact paying up until the second of the month. You are still, therefore, covered up until the second of the month and actually they owe you money. Exactly the same amout as they are trying to keep, in fact.

Next time you speak to them, mention you have contacted the housing advice bureau - even if you have not.

[miss_squiddy]

That's definitely wrong. If you paid for a full month, not an extra short month, then surely they owe you???

[wintrmute.livejournal.com]

Yeah, that's what i said to them!

[rillaith.livejournal.com]

They have an office on the floor below One.Tel in Chiswick - so I sued to notice them when their name came up int eh news. Like when they were slapped very ahrd for replacing other agencies' boards with their won (they admitted to having people driving around doing this!) even when the properties in question were not on sale/to let through them.

In the 20 months I worked at OT, they changed their logo/rebranded twice - the first was very shortly after that was in the news, so I assumed the second was similar.

Dodgy bunch, self-admitted!

[chiselwright.livejournal.com]

In my officiall cpacaity as no-one of any authority in these areas, it sounds to me like they're talking complete and utter bollocks.

[feanelwa.livejournal.com]

On a piece of paper, in very clear writing in black pen, calculate the amount you are paying per day and calculate the total amount of money owed for the number of days you have been living there. Set next to this the total amount of money that you have given Foxtons, including the deposit they still have.

Photocopy this twice. Keep one copy with you, one at the house, and take one to Foxtons and give it to them. Ask them to point out where your mathematics is wrong. Chain stores panic when their employees start doing this. It might work for letting agencies...

[welikegoats.livejournal.com]

So they agreed to pay you more than before. They have therefore accepted the fact they were wrong, and you have grounds to push them for the rest. Write them a letter saying you will cash the cheque under protest, and will accept the remainder by the end of the week, or you will take steps yadda yadda.

[juliet]

Second everyone else that they're scamming you, & the general advice to work everything out very clearly & ask them to point out where you're wrong.

From a lawyer...

[wolf-shadow.livejournal.com]

(not me!)

"I'd want to see the tenancy agreement as to exactly how it is phrased. If it is a weekly rent then I don't see how days can be "lost" - you just pay in 7 day periods. What does the payment clause in the tenancy agreement say?

If I have understood the 4.34 basis, you pay £x x 4.34 per month for say 12 months where £x is the weekly rate. A week must be 7 days. If so, that gives you a total number of days paid for of 364.56, which is an odd arrangement, but which would mean that you wouldn't have paid for the full year. This strikes me as being wrong, but let's see the original tenancy agreement; if you could scan it me that would be good."

Re: From a lawyer...

[wintrmute.livejournal.com]

As soon as I have time, I will be going over this contract with a fine toothed comb... again! I also need to try and find the original receipts from our first payment as well. If I can get the relevant text and info, I'll type it up for you.

cheers,
Toby