# Return of  Refundable Booking Deposit-HELP!



## PrincessLeia (15 Jan 2008)

I paid a holding/booking deposit of €6k six months ago for a new -as yet unbuilt house. My own  house wasn't shifting, so I decided to cancel the order and get my deposit back from the builders estate agent. That was four months ago.
firstly, I was told the builders solicitor had it-and they were taking their time returning it-but it would definitely be back by 1st week december. I t wasn't. then the agent wouldn't answer my emails/take my calls/answer my letters.Then I said I would have to get a solicitor onto it( though I havent the money) and the cheque was' in the post'. Now every bill and bank statement made it thru my letterbox, but that cheque didn't. Neither did the one 'sent' last Friday.
neither did the 'payment into your bank account directly' as of yesterday.
i am a young-ish widow with two small-ish kids-and we had such a miserable xmas i could weep. I dont know what to do-this €6k is half the money i have in my life! is there an organisation who estate agents have to join/ a code of practice? I cant get a solicitor-its too dear and they don't seem to give a damn if i do or don't. they know i'm entitled to the money-I know i'm entitled to the money-how can i get it back??
I work mornings and everyone can hear my business-so i have to use the internet. have no home phone anymore. am really worried the estate agent will go bust-and i will be left like this, cant sleep with the worry. 
so so sorry to be rambling-but if ANYONE can tell me where to get help-i'll light a candle for ya!


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## ClubMan (15 Jan 2008)

The _EA _is ultimately responsible to you for this. Is the _EA _a member of the IAVI or IPAV? If so they should operate to their respective codes of conduct and maybe you could contact them about this matter? You should contact the _NCA _(www.consumerconnect.ie) and see if they can help you.


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## CCOVICH (15 Jan 2008)

Hi there, sorry to hear about what sounds like a difficult situation.

Have you got a receipt?

Could you force the issue by telling them that you will collect the cheque in person at a nominated date?

If not, is the auctioneer/estate agent a member of the ?  If they are, you could try contacting the IAVI and see what they have to say.

I'm not sure if this is their line of work, but Free Legal Aid may be able to help.

_Post crossed with ClubMan's._


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## PrincessLeia (15 Jan 2008)

thanks for speedy replies guys-if only the estate agent was that speedy!! I checked the Ea website-no mention of iavi or miavi, just their two offices addresses/phone numbers etc. I will contact the consumer thing tomorrow ..can anybody set up as an ea then and run off with deposits if they so choose?..

Will post tomorrow and let yis know reply. wish me luck!

ps-no, no receipt. bank statement with cashed cheque and lots of emails saying 'cheques in post ' etc..


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## ClubMan (16 Jan 2008)

What about _IPAV_? A problem here is that the _EA _service industry is not regulated (independently or at all?) as far as I know.

If possible you should put your request for a refund in writing (not email - letter) to them and get a written reply if possible. I realise that time is of the essence here but written letter is still often the only formal/official way to do things that is treated as authoritative even this day in age.


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## Diziet (16 Jan 2008)

ClubMan said:


> What about _IPAV_? A problem here is that the _EA _service industry is not regulated (independently or at all?) as far as I know.
> 
> If possible you should put your request for a refund in writing (not email - letter) to them and get a written reply if possible. I realise that time is of the essence here but written letter is still often the only formal/official way to do things that is treated as authoritative even this day in age.


 

You could also try taking the morning off, taking an assertive friend with you, go into the EA and make a very loud fuss. Say you are not moving until you get your money, and inform everyone who walks through the door of your predicament. Give the EA a call the day before and tell them that this is what you plan to do and that you will call the local paper to their office as well. Instead of losing sleep, make them suffer.


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## PrincessLeia (16 Jan 2008)

Nope-they are not members of any registered auctioneering organisation. They said I should contact a solicitor-back to square one..
What would happen to me if I did drive down to the offices? I've never done anything like that in my life-am a real chicken! Don't laugh -but could I get arrested or something?..


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## ClubMan (16 Jan 2008)

PrincessLeia said:


> but could I get arrested or something?..


Not unless you commit a criminal act (e.g. assault)!  Anything else (e.g. trespass or just causing a nuisance by being there) would be a civil matter that the _Gardai _would not be interested in as far as I know (in the presumably unlikely event that they would call them). Maybe a bit of direct action might help. But ideally remain firm but reasonable. Don't freak out or lose the head no matter how frustrating it may be.


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## foxylady (16 Jan 2008)

PrincessLeia said:


> Nope-they are not members of any registered auctioneering organisation. They said I should contact a solicitor-back to square one..
> What would happen to me if I did drive down to the offices? I've never done anything like that in my life-am a real chicken! Don't laugh -but could I get arrested or something?..


 
Why dont you get onto the Joe Duffy Show.


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## Sue Ellen (16 Jan 2008)

PrincessLeia said:


> They said I should contact a solicitor-back to square one..



Hi,

Sorry to hear of your problems and the stress it is obviously causing you.

In light of the fact that they had said 'your cheque was in the post' how have they switched to 'contact a solicitor'?  Have they given you a satisfactory explanation?

S.


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## Sunny (16 Jan 2008)

Would it worth your while getting a solicitors letter which shouldn't cost much when you consider you are trying to get back €6,000. He might move faster when he sees you have gone the legal route. I think the best advice is still to tell him that you will be calling in person to collect the cheque at a certain time on a certain day.

You may be entitled to legal aid as well.  Checkout http://www.legalaidboard.ie


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## PrincessLeia (16 Jan 2008)

Had to phone a solicitor today. He said this seems to be cropping up a lot since estate agents aren't making as much as they were a few years ago, and are using clients monies to pay bills etc. He said it could take some time to get it back-and it looks 'sinister' that the EA never sent a reciept or contacted my solicitor to begin purchase proceedings..
He also said it's advisable to only use the registered EAs-but I HAD to give the money to these people, as they were employed by the builder.

Free legal aid-nope. HUGE waiting list(few months) and they could go bust before then.

Consumer people-very nice, approacable bunch. But no go, as a house purchase is an 'investment'-not a 'purchase'.

So, here I am.€60 per letter-and fingers crossed I get my deposit back.


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## babaduck (17 Jan 2008)

Princess Leia - contact the CIF (assuming your builder is a member) & see if they can assist you


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## PrincessLeia (17 Jan 2008)

Thanks-I contacted CIF(which until today i thought was something to scrub the bathroom with) but because it is a 'booking deposit' and not a contract
to purchase-it is between me and the EA ..again.


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## ClubMan (17 Jan 2008)

If it comes to it I wonder if the Small Claims Court might have jurisdiction in this case? I realise that the limit on _SCC _claims is €2K but if all else fails and it's an option to reduce your losses. Maybe not if this not considered a consumer issue...  Maybe _CitizensInformation _on 1890 777 121 might be able to help?


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## CCOVICH (17 Jan 2008)

Is this a debt?  If so, the Small Claims Court will not deal with same.


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## RainyDay (17 Jan 2008)

Try landing in the EA office with your kids. Tell the kids they can pay with anything within reach - plants, staplers, computers, leaflet stands. Tell the girls in the office that you won't be leaving until you get your deposit cheque. 

You probably won't get the cheque, but you will get a promise to get it in another day or two.


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## ClubMan (17 Jan 2008)

RainyDay said:


> Tell the girls in the office that you won't be leaving until you get your deposit cheque.


What girls?


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