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Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road
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NW11 7PE
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| | | | | | | Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences. | Welcome to The Consumer Action Group
and
The Bank Action Group
Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund.
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Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | 
9th April 2008, 00:11
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#7 (permalink)
| | Platinum Account Customer |  Re: What if deposit was paid before 6th April 2007?
One of my colleagues has taken some legal advice and spoken with a colleague who has had some involvement in the new legislation and both views are that the legislation is clear in that deposits only have to be protected if taken after 6 April 07. She has spoken with two of the schemes operators and they are adamant that deposits paid prior to April 07 do not have to be protected
We were given this example: Students - Housing - Communities and Local Government A student has paid a full deposit before 6 April 2007 (eg in March) for an AST starting after 6 April 2007 (eg in September 2007). Will the deposit need to be protected under an authorised scheme and, if so, at what point?
No. A tenancy deposit taken before 6 April 2007 will not be required to be held under an authorised scheme.
I am not sure myself, as the legislation consistently refers to "deposit paid", as in paid at all, no matter when but with regards to AST ade or agreed on or after 06/04/07
__________________ Tenants forum users; I am unable to reply to Private Messages. This is due to two reasons; time constraints and liability. If I get things wrong in the open forum, there will be someone else to correct my mistake. So please ask in the open forums and access knowledge and experience of many. Myalgic Encephalomyelitis (M.E.) affect five times more people then AIDS in UK yet there is NO funding for research. It devastates lives, its cruel and there is no cure. It makes my blood boil that even illnesses have to be fashionable to get the funding and recognition Sign the petition: http://petitions.pm.gov.uk/ME-is-real/ | 
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9th April 2008, 09:45
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#8 (permalink)
| | Basic Account Customer | Re: What if deposit was paid before 6th April 2007?
Quote:
A student has paid a full deposit before 6 April 2007 (eg in March) for an AST starting after 6 April 2007 (eg in September 2007). Will the deposit need to be protected under an authorised scheme and, if so, at what point?
No. A tenancy deposit taken before 6 April 2007 will not be required to be held under an authorised scheme.
| Hmmm so according to this I am not protected whereas Planner thinks I am. Quote: |
The key date is when the AST begins, not when the deposit is taken. Therefore your deposit should be protectected within 14 days of the start of your AST or reipt of the deposit (if thats later).
| Planner are you sure about this? Is there any chance you could post the relevant legal writing that states this?
Thank you all for your replies | |
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