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A Property Rental Managing Agent recently offered me a gesture of goodwill because of a tenant vacating my property without standing arrears. This left me at a financial loss. I accepted this.
It was not in the agents T&Cs to legally to pay this debt back to me. They have entered into a different settlement with me outside of the contract to pay back the full arrears.
The agent has mislead me on the total value of the arrears owed and they were significantly more than he first mentioned to me. The agent had failed to follow an instruction I had given to them and this lead to accounting for an item incorrectly and this lowered the rental liability to the value they offered to pay to me.
I have therefore started a complaint with the agent for misleading me on the debt value and failing to follow an instruction I had given to them. Which has
The agent is stating that because this was a gesture of goodwill i am accepting a payment and they are receiving “no consideration” in return. They see this as a pure “I’m giving you money in order to go away transaction because I offer nothing back to them”
In an email correspondence the agent writes to me:
”as a gesture of goodwill I (the agent) said I was happy to cover the final balance of the rent owed to you of £££ due to you not being happy with how my staff were keeping on top of chasing the debt”.
I am right in thinking:
The agent is not paying me money for the sake of paying me money. There is consideration here, they have clearly associated the goodwill gesture with a value, that value been I have made a financial loss due to my complaint that they did not keep on top of the arrears.
I am also going to argue that:
1. The goodwill gesture made DID NOT mention “without prejudice” or “state that they did not accept liability” for my loss of earnings due to their poor service.
2. I had the alternative route of taking the agent to court for breaching their terms and conditions, this has a time value and financial value associated to it.
3. I could have taken to social media as a disgruntled customer detailing my experience of the agent. There is a business image value here
4. I could have gone to the ombudsman and other professional bodies the agent is associated with to start a complaints procedure, this has a time value, financial value and reputation value attached to it.
5. by settling with me, it frees up the company’s time to deal with other business matters.
If the agent had followed my original instruction we would not be in this position and I would be happy and there would be no case to answer.
I’m not barking up the wrong tree here am I? Buy trying settle with me they are in effect “buying me off” so they don’t have do deal with points 2-5 I’ve mentioned above.
are there any other forms of consideration I can add in or do you have any other advice?
thank you team!
It was not in the agents T&Cs to legally to pay this debt back to me. They have entered into a different settlement with me outside of the contract to pay back the full arrears.
The agent has mislead me on the total value of the arrears owed and they were significantly more than he first mentioned to me. The agent had failed to follow an instruction I had given to them and this lead to accounting for an item incorrectly and this lowered the rental liability to the value they offered to pay to me.
I have therefore started a complaint with the agent for misleading me on the debt value and failing to follow an instruction I had given to them. Which has
The agent is stating that because this was a gesture of goodwill i am accepting a payment and they are receiving “no consideration” in return. They see this as a pure “I’m giving you money in order to go away transaction because I offer nothing back to them”
In an email correspondence the agent writes to me:
”as a gesture of goodwill I (the agent) said I was happy to cover the final balance of the rent owed to you of £££ due to you not being happy with how my staff were keeping on top of chasing the debt”.
I am right in thinking:
The agent is not paying me money for the sake of paying me money. There is consideration here, they have clearly associated the goodwill gesture with a value, that value been I have made a financial loss due to my complaint that they did not keep on top of the arrears.
I am also going to argue that:
1. The goodwill gesture made DID NOT mention “without prejudice” or “state that they did not accept liability” for my loss of earnings due to their poor service.
2. I had the alternative route of taking the agent to court for breaching their terms and conditions, this has a time value and financial value associated to it.
3. I could have taken to social media as a disgruntled customer detailing my experience of the agent. There is a business image value here
4. I could have gone to the ombudsman and other professional bodies the agent is associated with to start a complaints procedure, this has a time value, financial value and reputation value attached to it.
5. by settling with me, it frees up the company’s time to deal with other business matters.
If the agent had followed my original instruction we would not be in this position and I would be happy and there would be no case to answer.
I’m not barking up the wrong tree here am I? Buy trying settle with me they are in effect “buying me off” so they don’t have do deal with points 2-5 I’ve mentioned above.
are there any other forms of consideration I can add in or do you have any other advice?
thank you team!
