Key Property services illegaly witholding my deposit?

[Anonymous]

I recently viewed a property in alicante south and subsequently key property advised me it would cost me a deposit of 1000 euro to take it off the market.

They took 1000 euro off my credit card, however i have not completed on the property and no longer purcghasing it…

I have a receipt for the money however

1- signed nothing
2- receipt does not state anything about witholding 1000 euro if not completed
3- no small print on front of rear

In my opinion they have no legal right to my money… i am now persuing via barclays 😈

[Anonymous]

Hi Foxy,

Its hard for anyone to answer unless they can see what is on the receipt and how it is worded.

However I know the owners of K** and the area they work in (I work there to) and generally if you decide not to go ahead, the deposit can be kept as penalty for not completing your side of the transaction.

Maybe you could put on here some of the text on the receipt?

Also, all though you say you did not sign anything, did you sign the credit card receipt?

Bernard

[Anonymous]

como provision fondos para los gastos y honoriarios de la compra de

[Anonymous]

Hi Foxy

it is very simple. You paid by credit card – tell your credit card company that the payment is being withheld against your wishes, that you paid in good faith but now the company wont return your money.

They MUST return your money (Under European Consumer law) unless the agent can prove that it was paid with a contract stating non return. As this is not the case then they have a legal obligation to re credit your card with the amount and there is nothing the agent can do.

I once had a renter pay by credit card stayed for the week and then told his credit card company that he wasnt happy )even thugh he left feedback saying what a fantastic holiday he had) the credit ccard company returned her the money. I was fortunate enough to have copies of all correespondence and was able to prove that she had stayed and even sgned to say she had enjoyed it – so they returned me the money – but I had to do the proving not the client (and rightly so)

If it is a Spanish Credit card I am not sure how that works because it is different over here but as far as I am aware they have the same obligation.

So a tip to all those of you who are going to pay a deposit, pay by credit card because the law is on your side

Regards

Vince

[Anonymous]

Hi Foxy,

Any more words on the receipt??

This is just saying that it is a fees and expenses in relation to the purchase.

It is not saying it is a deposit. Is there anything else on there??

Bernard

[Anonymous]

no just the property address ,,,, flat price and signed

[Anonymous]

@vbtudor wrote:

Hi Foxy

it is very simple. You paid by credit card – tell your credit card company that the payment is being withheld against your wishes, that you paid in good faith but now the company wont return your money.

They MUST return your money (Under European Consumer law) unless the agent can prove that it was paid with a contract stating non return. As this is not the case then they have a legal obligation to re credit your card with the amount and there is nothing the agent can do.

I once had a renter pay by credit card stayed for the week and then told his credit card company that he wasnt happy )even thugh he left feedback saying what a fantastic holiday he had) the credit ccard company returned her the money. I was fortunate enough to have copies of all correespondence and was able to prove that she had stayed and even sgned to say she had enjoyed it – so they returned me the money – but I had to do the proving not the client (and rightly so)

If it is a Spanish Credit card I am not sure how that works because it is different over here but as far as I am aware they have the same obligation.

So a tip to all those of you who are going to pay a deposit, pay by credit card because the law is on your side

Regards

Vince

barclaycard visa

[Anonymous]

Then get in touch wth barclaycard and tell them your problem. You should get them to at least initiate an investigation. And you should also get your money returned

[Anonymous]

Foxy,

Visa will return your deposit. Just send them a letter outlining the facts together with your original receipt. They are legally obliged to look into the matter for you.

I ordered goods in France and when they arrived in England they were faulty. I sent them back and faxed the company. The company ignored my complaint and would not return my funds. My only option was to complain to visa and they took the matter up on my behalf and I was given a full refund OF 900 EUROS.

Good luck – you will get your money back.

Lizi

[Anonymous]

Hi Foxy,

I’m sorry but I cant agree with the other opinions that it will be so easy to claim this back. I hope you can but I know the owners of K** and they have been selling there for many years. This is a situation that will have arisen many times before.

The receipt is not for a deposit. It is simply an invoice for fees relating to a purchase. I am certain you will find that this invoice is for sending letters, contacting solicitors etc etc. I doubt if these things ever happened but I know this is what they will claim.

When you contact the credit card company asking for a deposit to be returned, K** will counter this with…..its not a deposit…..its part payment of our fees for the initial work done and then they will produce the receipt and your signed visa slip.

I think the best thing at first is to fax K** and ask what the payment was for and then approach the credit card company with the correct information.

Hope you have some luck.

Bernard

[Anonymous]

Hi Bernard –

I am sorry I have to disagree with you. Whether K tell the credit card company that this is for fees or not the onus is on them to prove it to the credit card company not the other way round. They wont accept anything verbal

Unless they can produce something signed to say otherwise they dont have a leg to stand on. The fact they may have come across this before is irrelevant – perhaps most people just never think about claiming back from their credit card company but that doesnt mean they dont have that right, it is written into their contracts with their credit card company and is part of consumer law in Europe which is designed to protect us from such sharp practices.

Credit card companies will come down hard on such practices and potentially they could lose their ability to accept credit cards for deposits (unlikely after one complaint but if more people complain about it then they will).

Apart from anything else what has Foxy got to lose by complaining – absolutely nothing and everything to gain.

Go for it Foxy and dont let them get away with it.

[mariadecastro]

State to VISA that your haven´t gone ahead with the purchase so you have full rights to claim that money back that was given non as a non refundable deposit but as a provision of funds for expenses and fees for a future purchase that hasn´t been carried out finally

You mey be interested to read my last article on Deposit contracts for future experiences.

http://www.costaluzlawyers.es/eng/?p=33

Goog luck!

Maria

[Anonymous]

Hi VB,

I do hope that Foxy gets it back but my point is there is a signed receipt and (i think) a signed Visa slip. As these do not mention a deposit, but mention work etc in relation to a purchase…..Therefore they do have something much more than verbal transaction.

I will be honest and tell you how I know them. I sent a client to see them who wanted a resale in a particular development and I only sell new. That person placed this same “deposit” and then 1 month later changed their mind. They went all through the process of contacting Mastercard etc etc. The end result was that it wasnt actually a deposit. As a result I had no end of problems with the client who kept coming to my office for the money which I never even saw. I have never ever spoken to K** again. At the time they produced various letters to solicitors etc and claimed the money was actually for their work done.

My point to Foxy was to get from K** what the money was actually for. We would all say its a refundable deposit….K** wil say its an invoice.

On a second point that happened to me here in the UK. I recently saw a property that I was interested in. I gave £400 to my solicitor here as an installment towards their fees. I went ahead and got a survey done and it was a disaster. So I changed my mind and told the solicitor. I got a cheque back for £295. I called them and they told me that they keep the rest for 1 letter they sent to me and for “time” when I took the £400 to them and signed their registration. !!!

I do hope that Foxy gets it back but it will still depend on the definition of what has actually been paid for.

Bernard

[Anonymous]

@blawes1 wrote:

Hi Foxy,

I’m sorry but I cant agree with the other opinions that it will be so easy to claim this back. I hope you can but I know the owners of K** and they have been selling there for many years. This is a situation that will have arisen many times before.

The receipt is not for a deposit. It is simply an invoice for fees relating to a purchase. I am certain you will find that this invoice is for sending letters, contacting solicitors etc etc. I doubt if these things ever happened but I know this is what they will claim.

When you contact the credit card company asking for a deposit to be returned, K** will counter this with…..its not a deposit…..its part payment of our fees for the initial work done and then they will produce the receipt and your signed visa slip.

I think the best thing at first is to fax K** and ask what the payment was for and then approach the credit card company with the correct information.

Hope you have some luck.

Bernard

hi guys its the seller that pays agents fees etc…. how can an agent claim fees from the buyer and the seller?

[Anonymous]

Hi agree with vbtudor and foxyuk , get in touch with your credit card company and get them to return your money.

Axwhale

[Anonymous]

I would just like to say that something similar happened to me while in Spain last year we paid a deposit to developer by way of credit card and when things took a turn for the worst we tried to get it back through the credit card company but despite numerous telephone calls and letters sent to them we were not sucessful. The credit card company just did not want to be involved or bothered so I agree that it is not that easy.
I must state however that it was a credit card company in Ireland.
Hopefully our friend will have more luck with his persuit.!

[Author]

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