Deposits Return Case

[JMas]

Dear Sir/Madam,
I have still not received my deposit, even though my contract ended over three months ago. I gave verbal notice that I was intending on vacating the property one month before the end of the contract.

I have the following statements [emails] from one of my housemates:

4 Sep 07

Regards deposits, despite what they said about returning the deposit to one person in one lump sum, they have actually sent a cheque to each individual person instead. However I called them and **** said they have no contact address for you to send the cheque to.
If you email them your address or call em or something they will send the cheque. Everything was fine with the house, so all £250 of it is there.

and

4 Oct 07

I called **** and **** said he sent out the deposit cheque to you not long after you emailed him your address. I told him you hadn't as yet received it, so I gave him your address again and he is cancelling the original cheque and sending out a new one now. He did mention that there are postal strikes on at the moment, with normal service resuming on wednesday, so it may not be until the end of next week when you get it. I hope they do what they say.

I have contacted them on several occasions; here is a copy of the most recent email I sent them (three days ago):

To whom it may concern,
I have still not received the deposit I paid for [property]. My contract ended on 30 June 2007. I would be grateful if the amount can be sent to:

[contact details]

Failure to respond to this communication within seven working days will result in further legal action.

I trust this matter will be given your urgent attention.

It now seems very likely that I will be pursuing this matter further; I am thinking of writing another email stating that I will also make a claim for the court fee and statutory interest if I have to take the case to court.

I would be grateful for any advice on how to proceed if I get no response (which is expected).

Many thanks,
JMas

[Planner]

Just to clarify.... did you leave the property at the end of the fixed term and was your rent upto date?

If so then I think the approach you are taken is the correct one. Next step is to clarify who actually holds the depsoit and has the responsibility for releasing it. This is important so that you can take the correct person to small claims.

[JMas]

Planner,
Thank you for your response.

I rented the property whilst I was at university. The property was vacated on time, and rent was paid in full, well before the contract ended.

They [estate agency] haven't provided any reasons for keeping the deposit.

Ideally, I would like to know this before I start the claim, but I'm not sure how I can get this information from them - perhaps a Freedom of Information Act request; I'm not sure how long this will take.

They have not been very coöperative.

I am very grateful for your help.

Regards,
JMas

[Planner]

Well they should have told you why. Obviously there isnt a particular reason as they have said they have sent the cheque out on two occasions?

Freedom of Information Act requests arent relevant to private companies, only public entities such as councils and government departments. You could try a data protection act request (£10) but whats the point as it would appear there isnt a reason and if there is, they are not going to tell it to you!.

What I would do is print off and fill in the N1 county court claim form, (dont bother getting it stamped etc) and send a further letter headed LETTER BEFORE ACTION with whats in your last email, and state that you have included the N1 county court claim form which will be submitted to the county court without further communication should you fail to recieve your deposit within 7/14 days. MAke sure you include a copy of the filled in N1 form to show them you mean business.

Once that periods up submit it to the county court.

[JMas]

Planner,
Thank you for your response. I received an email from the estate agency claiming that the cheque was sent to me yesterday.

I have filled out the N1 form, its in the envelope and ready to be posted, just in case.

I am very grateful for your help.

Regards,
JMas

[Planner]

Make sure you send a LETTER BEFORE action along with the N1 for, I would also be tempted to state that all future correspondance should be by royal mail not email.

[thewhitedog]

And if I might add - always ALWAYS keep copies of whatever you send, and use recorded post. It's worth the extra 30p or so.

[JMas]

Dear all,
I would like to thank everyone for their responses.

I have received the cheque. I should mention that I appended the consumer action logo on my last email (not on the others).

I am grateful for your help.

Regards,
JMas