Hi I was wondering is someone might be able to give me some advice about our landlord's failure to provide us with the prescribed information and them seeking to deduct £100 from our deposit which is held with DPS. I will try to keep this brief. My partner and I rented a property from private landlords. We had an assured shorthold tenancy. 3 weeks before the tenancy was due to expire, they gave us notice to leave at the end of the tenancy as they wanted to sell the property. We pointed out they had to give 2 months notice, they didn't provie a full 2 months and didn't give us proper notice but we let it slip as we didn't want the hassle and just wanted to leave. We left 10 days ago. The landlords mum completed the inventory. She noticed a dent at the bottom of the washing machine. We wrote to the LL after we left to confirm we think the dent has always been there. They said they are going to deduct £100 for the dent and everything else was in order. We disputed this - it is wear and tear and has not affected the working order of the machine. They told us they are seeking to sell the machine and will make a loss. Whilst doing some research, it came to our attention that we've not been provided with the prescribed information relating to our deposit. We wrote to the LL accordingly. They ignored us. We chased, they've come back and said if we agree to them taking £100 they will release the remainder of our deposit. We wrote to them again clearly explaining that failure to provide the prescribed information is failure to comply with the law and we are entitled to seek the return of our deposit in full and 1-3 times compensation. They have now responded saying they have released all but £100 of our deposit and have requested ADR through DPS. My question is - can I send a letter before action and accept ADR at the same time? I am intending to say if they give us the remaining £100 then we will not take further legal action but I don't want to end up in a sitution where I start ADR and can't seek legal redress for their failure to provide the prescribed information. Sorry that was much longer than intended. Any advice would be greatly welcomed!

Hi! I've trying to get charges back for my dad. I've sent the SAR and then the prelim request followed by an LBA. I received pretty much the same response to both the prelim request and the LBA saying they're not going to 'respond fully to the complaint whilst the test case is running'. I know quite a few people on this forum are saying that it's better to go ahead and just file a claim so that at least it's in the system. Are Nationwide settling claims even though the test case is going on at the moment? Any additional advice welcome!

Hello! After my wonderful success with reclaiming charges for my Lloyds account, I've decided to hit them again with a request for all my credit card charges. I have a platinum cc and asked them to close the account earlier this year since i had maxed it out and was never going to use it again and just wanted to concentrate on paying it all back. I just have 2 questions really, 1. Who do I send the SAR to? I cant remember who I sent my first SAR to but I received a reply from the Copy Statement Unit in Birmingham. Should I just send it there? 2. I know that cc companies are no longer allowed to charge you more than £12 in charges...can I claim back all the £12 amounts of only the amounts that exceeded that (if that makes sense!) Thanks!

*bump*

thanks for that! i found out that this has actually been going on for 2 years now, so i drafted a letter asking for a refund within 14 days considering the fact that my dad has already tried to resolve the issue on numerous occasions to no avail. he no longer wants them to develop the site for him because of this. there's also the issue that he bought stock in preparation to sell on the live site which never happened. is there any way he can claim for loss of earnings? do you think that's ok under the circumstances to just ask for a refund or would you still advise him to give them the 28 day window to develop the site/give a refund?

Hi Iposted this in my thread but think it's more relevant here! I was wondering if someone could help me? I'm trying to put together all the documents I need for my wasted costs order. I've been to the litigation section to get a copy of all the cases that were settled. I clicked the claim number, bank and sum claimed columns but the spreadsheet won't show the amounts in full. It just gives the first few numbers of the amount claimed. Also, it says there are only 210 cases but I was checking out another thread somewhere and they had a list of over 500 cases. Can anyone tell me how else I can get a list of cases settled by Llyods to add to my order? Thanks!

Hello! I was wondering if someone could help me? I'm trying to put together all the documents I need for my wasted costs order. I've been to the litigation section to get a copy of all the cases that were settled. I clicked the claim number, bank and sum claimed columns but the spreadsheet won't show the amounts in full. It just gives the first few numbers of the amount claimed. Also, it says there are only 210 cases but I was checking out another thread somewhere and they had a list of over 500 cases. Can anyone tell me how else I can get a list of cases settled by Llyods to add to my order? Thanks!

Hello.. I have a query on behalf of my dad. He paid this web developer guy to make a website for my dad's business. The guy hasn't made it yet and after numerous calls and promises of 'i will, i will' he's still failed to do anything. I'm not quite sure how long this has been going on...over 6 months definately. I suggested my dad take the issue to the small claims courts and he's agreed. However, I want to make sure he does it properly and follows all the right procedures so I'm planning on drafting a letter to this man outlining the history with dad and then giving him 14 days to respond. If he doesn't respond, i'll start the claim process. Does this sound right? Also, my dad paid him in installments of cash and cheques. He has a record of the cheques but I'm not sure if he has receipts for the cash. Is there anything he will definately need to get a hold of before I continue with this? Any advice would be greatly welcomed!

me too! i like the sound of being paid twice! has anyone started a wasted costs order yet? i think i might give it a go

im going to claim back on my cc and ive already started 2 requests for statements for my parents does anyone know why my thread has been moved here to the natwest forum btw??????

Doz....WELL DONE TO US!!!! not bad ey? how chuffed are you right now? I faxed my letter yesterday (original went in the post) and checked my account about 30 mins ago..crazy stuff.

no but i will do! Thanks

wow they're superfast! money's in my account, i am so happy i can't even describe it! thank you all so so so so soooo much! donation on the way. i am calling the courts first thing tomorrow to notify them of the settlement and then im off to party! can someone tell me if all i need to do is call the courts or do i have to write to them?

ah right, i guess that's ok as long as i keep a copy for myself!

I've crossed out all the terms of the agreement except for 'money credited to my account' I've also made a copy of this letter http://www.consumeractiongroup.co.uk/forum/show-post/post-718754.html And tomorrow morning, I will copy the agreement and send it alongwith the letter and fingers crossed. Can I just clarify that I have to sign the copied agreement or will a photocopy of the signed agreement be ok?

Thanks nic..I will do that today and send it back! Should I be writing a letter of some sort stating that I won't be calling to courts to say we've settled until the money is in my account and that they should do that before their 28 days is up? I see someone's changed my thread to **Won**...exciting, but i haven't got the money yet!! Donation will be on it's way once I do though! Thank you for all your help and support...couldn't have got this far without it

actually..no! lawyers ey? and i've just been reading through some threads and realised that i can actually say no to the terms....basically the 7 terms are: 1) amount credited to account (fine by me) 2) full & final settlement with no admission of liability (does this affect my ability to claim again in the future?) 3) confirm that i have paid the above charges in full and that i have not already: a) made a previous successful claim against the bank for any of them (i haven't) b) had any of them transferred into personal loan, credit card, or any form of finance with the bank which has then been written off (my cc with them was cancelled months ago...and i only have an overdraft now) c) had them written off as a result of charges to your overdraft (i dont quite understand this) d) had any of them refunded through discussion with any LTSB member of staff (no) 4) terms are confidential (i can tell whoever i want!) 5) agree to maintain your accounts with the bank within agreed limits 6)be aware that you can avoid these fees in the future...blah blah...if you do not do so, you will again incur these charges (And i will again get them back!) 7) contact manager for a review. so those are the terms along with my feelings! can i just cross out the ones i don't agree to then? to behonest i was all ready to just sign and send because i just really need the money right now. but if i can say no to some of the terms and still get my money with no risk of going to court...then im all for that!

keep the faith doz! i got mine this morning!

Doz, I got an offer in full!! What about you? I got a 'without prejudice' letter from SCM this morning which offers to pay all my charges, interest, court fee, everything! i'm over the moon! I'm was a bit wary but I've read it through about 10 times and ran it past a lawyer friend who said i should just sign it and send it back. I'm assuming I need to contact the courts, but I want to wait until the money is in my bank first. How long do I have? I'm assuming that as long as I do it before the deadline for submitting a defence is up, it's ok?

ohhh...i filed on 27th, was served on 29th, acknowledged on 6th and received it today! will be keeping track for sure now!

Ah thanks for reassuring me! Kazzie...I'm checking that link out right now! Doz...It seems like we're on the same timeline...I'll make sure to check out your progress too!

Hello all! I received notice that acknowledgment of service has been filed today. So Llyods intend to defend all of the claim. I've also received a letter from SCM (****!!!) and I'm actually really concerned now. They've said that they're defending because: '1. The fees that you seek are properly incorporated into your contract with the Bank; and 2. By making payments (...) from your account where you have insufficient funds to cover them, you are making a request to the Bank for an increased overdraft, which the Bank may meet or decline. IF it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.' So this bit i'm assuming is pretty standard. It's the next bit I'm worried about: 'Looking ahead, a situation which gives rise to a dispute is not one the Bank wishes to continue. In view of this, you are requested, please, to make contact within the next 14 days with your local LLyods TSB Branch Manager...to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.' Now to me that sounds a bit like a threat to close my account which I can't afford to do until they pay me back what they owe me! Am I wrong (please say yes!) and if not, what do I do? Obviously call and find out would be an idea but I want to be prepared as possible for the worst possible scenario. I'm kind of panicking a bit here

Thanks Barty!

oh one more thing! who should i be giving my litigation details to now that i have a claim number? thanks!

just an update to say that i sent the rejection letter & filed the claim. llyods replied with what looks like a standard reply saying that the £750 they've given me is the maximum i'll get out of them. i guess we'll have to wait and see about that one... now it's just a matter of waiting for the acknowledgment of service and the defence. is there anything i should be doing while i'm waiting? also, has anyone here used any of those small-claims guides and would you recommend i get one?