money owing...

daniel86

Hi all,

I'm looking for some advise. Let me tell you my story. A few months ago, as usual, I paid my letting agency monthly rent for my apartment. 2 weeks later i find out that by mistake on the internet banking I picked up my previous letting agent bank account and I sent the money to him. I contacted bank but there's no help from them as from the bank point of view nothing went wrong, that was just my mistake, not the banking system fault. Anyway I tried to solve it by myself. Unfortunately it looks like mine previous letting agency does not exist anymore, but the money did not bounce back so I think that the letting agent bank account is still active (probably his private account). I found his phone number, I called him and explained the situation. He said that he will take a look on his bank statements and will come back to me, it never happened. I called him few times more, he just told me that he forgot and will check it and come back to me in a few hours. From that time he never call me back, now he is not answering my calls. It just looks like that he don't really want to send the money back.... So far i tried:

1. I contacted small claims court as I wanted to open a case but I need his home address, which I have no idea where to get...

2. I contacted citizens information, they let me speak to one of their solicitors but his advice was just to call him and ask him for an address.... (!)

3. I contacted Gardai - they cannot help me as this is not a criminal case (that's what they told me)

If any of you had similiar situation? I have no idea how can I get his address or how can I get my money back...

riffmongous

If you know his name it should be possible to get his address.. internet, phone books and so on. Is he registered with anything as a letting agent? Do you know where he works?

Specialun

Unlucky that OP

The guard would not be able to help as to be brutally honest it was your own fook up and I doubt he has any legal obligation to hand it back

In fact I would that is the case across the board

I hope Im wrong btw

Birneybau

Theft, pure and simple.

the_syco

Google his phone number, and look for ads with it, to see if he's now in a "new" agency.

Specialun

Birneybau wrote: »

Theft, pure and simple.

How is it theft. He lodged it into the account

If you walk down the street and hand stranger 20 notes, if he runs down the road is it now theft?

Ruu

Not really sure this belongs in AH, moved. Sorry mods if this is not correct forum.

Cabaal

Its not really theft as such and its certainly not a matter for the Gardai and its none of your banks concern.
In addition its not something the small claims court will look at either,

cup of tea

Just an idea....


Go onto the cro.ie website and do a company and business search for the Letting Agency's name. It will show you if it is still active.

That will answer the first question as to whether it is active.

2nd step...take down the business name or companies names number.


3rd Step.... Ring up the CRO. They are usually very helpful. They will tell you the address that was used to register the business/company. They can also tell you the name of the directors.

They will do this over the phone for you for free within 2 minutes. You should then know whether it still exists, who registered it and whether one of the names matches up with the name of the person you have.

daniel86

cup of tea wrote: »

Just an idea....


Go onto the cro.ie website and do a company and business search for the Letting Agency's name. It will show you if it is still active.

That will answer the first question as to whether it is active.

2nd step...take down the business name or companies names number.


3rd Step.... Ring up the CRO. They are usually very helpful. They will tell you the address that was used to register the business/company. They can also tell you the name of the directors.

They will do this over the phone for you for free within 2 minutes. You should then know whether it still exists, who registered it and whether one of the names matches up with the name of the person you have.

Thanks for reply, I'll try to contact them tomorrow. I have the company address, web address, email and phone number, when I try to call them, the person says that it is a different company on this address, web address does not exist anymore as well, so I think that email is inactive too.

dudara

The Property Services Regulatory Authority (PSRA) licenses all providers of property services. It might be worth getting in touch with them, as they can revoke licenses etc.

Five Lamps

Did you owe the previous agent any money?

clint_silver

Its the Uk but you can take a lead from it from some ideas on what to do.

http://www.financial-ombudsman.org.uk/publications/technical_notes/wrong-account-payments.htm

Shakespeare's Sister

Specialun wrote: »

How is it theft. He lodged it into the account

If you walk down the street and hand stranger 20 notes, if he runs down the road is it now theft?

Not quite like for like. If you have a sum of cash to give a particular person and you accidentally give it to the wrong person, and they saunter off, knowing obviously that the money was not for them, they're in the wrong for not giving it back. I don't know for sure, but I wouldn't be entirely certain it's not theft, particularly when it's going to be spent.

chooey

Shakespeare's Sister wrote: »

Not quite like for like. If you have a sum of cash to give a particular person and you accidentally give it to the wrong person, and they saunter off, knowing obviously that the money was not for them, they're in the wrong for not giving it back. I don't know for sure, but I wouldn't be entirely certain it's not theft, particularly when it's going to be spent.

I agree. If you know someone's lodged that money by accident and they're looking for it back I don't see how it's not theft if you keep it.

delahuntv

It was originally your error. However once you inform the recipient that the funds were lodged into their account in error, they must refund the money.

I can't think of the exact wording of the legal definition, but there is a specific phrase for it.


If you have former letting agents mobile, send a text to him looking for refund within 7 days, thereafter you will look at taking legal action including making a report to his local garda station - I believe withholding property that you know is not yours is a criminal offence. - Maybe post in the legal forum to get correct info. I think that at some stage a situation like this crosses over from civil to criminal - I could very well be wrong though and the easiest (and cheapest) way will be to go through the small claims process

As for getting his address - CRO website, https://search.cro.ie/company/CompanySearch.aspx - enter the letting trading name, change search to "Both" in case it wasn't a company but a trading name.

Once you find the right company, click on the company name, then click "list company submissions", then at or near the bottom of the list will see the original registration either saying "application to register as a new company" or in the case of a business name "Bus. Name Registration"

Click the box to the right and "add to basket" - this will cost you €2.50 and it will have details of the home address of the directors / business name owner. This info is emailed to you by an automated system within a minute or 2.

Then go the small claims route.