Should I pay this $20 fee even though THEY made the mistake?

Hi guys,

I am having a bit of a tiff with my property manager. It's not for my investment property but rather for the property I'm renting to live in.

I've had a few stuff arounds with some new accounts because everything has been taken out of a joint account and moved over into my name. So I've had to change my bank details for all direct debits (including where my rent gets taken out).

Anyway - my rent is taken out on the 1st of each month.

I emailed my PM ON the 1st Nov and asked if I could change over my bank account details for this months rent - because I have a new account.

She said that it was too late to do so, that it would be taken out of the original account and because it wouldn't process then I would be charged a $20 dishonour fee.

So I left it (I think there is my mistake) - I kept the ORIGINAL account open, WITH the money in it for rent - so they could draw it down and I would avoid that $20 fee.

I sent her through my new direct debit details in an email, and I was told that before they use them I would have to fill out a form and give them permission to direct debit my new account.

I received the new direct debit form in the mail later that week and have still not sent it back.

Anyway - I go into my internet banking and find that I have -$35 in an my new account - looking into it I found that they had attempted to take my rent money out of my NEW account (even without my signed permission) - and by doing this I received a dishonour fee (the account was empty).

I called Maree, and told her what had happened - and said that the money was still sitting in the ORIGINAL account, because thats where she said it would be drawn down from. I also said I have now received a dishonour fee from the bank because you have taken it from the wrong account.

I told her I would transfer the rent from my ORIGINAL account directly to her, and asked if they would make me pay the $20 dishonour fee THEY charge because the rent was late.

She said she didn't know because that wasn't her department. I said I didnt think that would be fair considering if they had done what they had said they would do (draw down the original account) - There wouldn't have been a problem. She said we will wait and see.

I got a notice in the mail stating I was NOW required to pay the $20 dishonour fee to them, because my rent was late. EVEN though they drew down my new account without signed permission, and even though if they had done what they had said, and taken the money from the ORIGINAL account there would have been no issue.

I dont believe I should pay this fee - and I wrote back to my PM telling her that. She has written back stating that I still have to pay this fee because my rent *was* late. It *was* late because they drew down the wrong account!! I don't see how that is my fault?!

Anyway.. I was wondering do I have a leg to stand on? I dont see that I should pay two fees because they have made a mistake. And surely there must be rules about direct debiting an account without signed permission.

Your thoughts please?

Thanks!
 
I would do as Simon said and I would also ask for the dishonour fee.

They have stuffed up, why should you have to pay for it?

Wylie
 
Thanks for the tip Simon - I wrote back saying that I understand if she can't waive the fee herself, but if I could have the details of someone to speak to regarding it there wouldn't be a problem.

I got a lovely email back saying that I won't be required to pay the fee. Good stuff :)
 
I got a lovely email back saying that I won't be required to pay the fee. Good stuff :)

So you shouldnt. Their incompetence to carry out your instructions is where the issue arose in the first instance. Good on you for sticking to your guns.
 
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