Recovering Holding Deposit

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    Recovering Holding Deposit

    I am currently trying to get a holding deposit back after a flat fell through.

    What happened as we looked at a flat and we were told there was parking.
    They rushed us that day and we put down a £200 deposit over the phone.
    We found out that there wasn't a parking space and complained.
    They offered us £100 off the referencing fees and we decided to carry on.
    We signed a document to do the refrencing and proceeded.

    2 weeks later over the phone they informed us that the referencing was done and added a few extra fees on:
    1) First a £35 charge for the landlords admin fee
    2) They requested £707 for the first months rent instead of £560 as the landlord wants the rent to start on the 1st of the month and we were going to move in on the 24th of July

    At this point we decided to not move as the company were messing us around so much and we were unsure that there would not be more problems down the line.

    Now they are refusing to refund the deposit saying that it is not refundable. Even though we never signed the document they have detailing the terms of the deposit as we paid over the phone.

    Am I within my rights to have the money back as they hid costs and mis-represented the flat?
    What can I do to claim the money back?

    Sorry for the long post


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