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  1. OK, after some digging on the ICO website I have found the answers to my original question. I'll post these below, hopefullt this may be of help to others. Quoted from the bankruptcy section of the ICO website Also
  2. I went insolvent (bankrupt) in August 2005. At the time I had numerous defaults and a CCJ entered onto my credit file with all three agencies. Included were 3 defaults placed on file by LLoyds TSB. The problem is that they only placed these deafults onto my file AFTER the insolvency (Nov. & Dec. 2005) even though they were included in the list of creditors. So this means I'd have to wait an extra 4 months before my file is 'clear'. Can this be rectified by the CRAs or would I have to go to LLoyds TSB and request them to change the default dates to be in line with the insolvency date. Would either do this?
  3. It only gets worse, I've now done Equifax and I have no fewer than 7 'unsatisfied\unsettled' agreements, including 3 from LLoyds bank that were entered AFTER my bankcrupcy date. All of these were included in my insolvency documentation. Do I write to Equifax as well?
  4. Many thanks for your reply Buzby, it is very much appreciated. If I am unsuccessful at having these amended, what happens after the 6 year drop off period with these debts? Do they just drop off into oblivion as well?
  5. Hello, I'm hoping someone can shed some light on what I should expect to see in my credit report post bankcrupcy. I declared bankcrupcy in August 2005 and included all creditors as per usual. Included in this was a CCJ I received literally days before the insolvency date. The amount was for £964. I've just received my Experian Credit File and it includes 3 defaults as follows: - The first one was for Egg, which was an outstanding amount on a credit card. The default is shown as 'satisfied' with no balance outstanding. - The second is for AKTIV KAPITAL for a default amount of £802 and the balance outstanding £964, so not satisfied. This one ties up with the CCJ amount mentioned above. - The third is for LINK FINANCIAL for a default amount of £9278 and the balance outstanding £2698, so not satified. This amount ties up with an amount outstanding when I handed back my car although the agreement was with GE Capital (?). I subsequently found out that the car was sold for around £7000-ish so this ties up. All three of these were included in my insolvency paperwork so I have assumed that all the debt associated with these have been 'written off' as part of the bankcrupcy. So why does the 1 show as 'satisifed' in terms of maney owed whereas the other 2 shows that I still owe this money? Also is this worth chasing up?
  6. I must provide some stability for my family as a move from this landlord would make a rental agreement of any sorts impossible (previous bad credit history on my part although I have never defaulted on any rental payment to date). On principle yes, I'd like my deposit back and goodness knows how far a compensation will help in difficult times. That said the landlords have been very helpful and this &^%$%$£ still owes them rental income. They are very good people and we have a very good relationship with them, any decision to pursue it from them will be very diffcult to follow through with. You have touched on two very real conflicting aspects, my desire to get this agent back vs the money aspect. I think it may well be prudent to ignore my vindictive side and concentrate, as you say, on what's important for me and my family at this point. Many thanks Mr Shed, good points and all round good advice, 'legally' and otherwise.
  7. Mr Shed, I still have to consider how this current tenancy is going to end considering that a private company did the inventory, and surprise surprise no longer delas with the agent, faults that we reported to the agent didn't get notified to the landlord, landlords verbal agreement to reparations etc etc. Also whether the landlord is expecting a new deposit for this new tenancy, that would make things even more complicated. I think this is probably a new thread in it's own right. I have a few days left to discontinue the case and get the fees back (much needed at this time) but on principle I will at least try and get the deposit back. I have thought about both the options you suggested and have yet to decide which is appropriate.
  8. No the tenancy ends later this month, 3 days after the hearing actually. This in itself has complications as the landlord wants to retain us as tenants through a 1-to-1 tenancy agreement. Ultimately I can still initiate recovery of the deposit from the landlords but this will jepordise our tenancy and good standing with them and we can't afford to go elsewhere to rent at this point in time. I have just had another look at the certificate, the 'stakeholder' is blank, so for all intents and purposes it is protected by the landlords from March, regardless of the dodgy address details given by the agent.
  9. Mr Shed, Point taken regarding the dates. It has now becoming a matter of principle so I'll be following through with the case, regardless of the outcome. I don't believe I'll see a penny of this deposit from the Agent, a publicised ruling that was made against him has resulted in money not been 'recovereable' from him, or so it has been reported in teh media by a debt collector who was employed by the claimant. I believe other debtors are filing for insolvency against this agent. I think I will point these discrepancies out to the TDSL in the hope that it won't allow him to pull the wool over other tenants eyes.
  10. Mr Shed, thank you for the speedy reply. I have presented the certifcate as evidence of non-compliance with regards to the timescales. The case is against the agent and was started before any of the cases already heard had been concluded. At this point I'm still not clear whether the case will be lost on the grounds that it should be against the agent but I have included a statement from the landlords that the agent still holds the deposit. Additionally the TDSL rules state that the agent, when they hold a deposit on behalf of landlord must, on registering that deposit, provide proof that it is being held in a 'ring-fenced' account. The court case aside, this issue raises some questions about the procedures involved in registering these protections. I find the wording of the certificate inappropriate considering the Act. They state the period of protection on the certifcate (a start and end date) but and date deposit was collected, but they they do not explicitly state the date the protection was registered. The question is whether the period start date is co-incindent with (and reflects) the date the protection was registered?
  11. In response to taking an agent to court for the non-protection of my deposit, he has sent a tenancy deposit certificate. The TDS case is still going ahead but there are irregularities with the information on the certicate. --- Some background info first The agent has closed his offices, and does not answer letters or calls. His deception has been well publicised in the media since November 2007, with numerous complaints from landlords not being paid and tenants not receiving their deposits back. The agent has now started trading under a different name and has stated in the media that the 'new' company has not taken on any debt or properties from the old one. -- Info about the certificate. The certificate states the period of protection starting in March 2008. The tenancy started in June 2007, corectly stated on the certificate. The certificate correctly states the date deposit was taken in June 2007. The section titled 'Landlord\Agent' alongside which these details appear has neither Landlord or Agent crossed out. The Landlords name is correctly stated. The address is stated c/o the agents new company The address is the residential address of the agent, not his registered address of the old company. Where the agent signed the certificate he had crossed out 'Landlord' i.e. he signed this as agent. I requested a duplicate from TDSL which corresponds to the one sent by the agent. --- I have contacted the landlords who have told me that they never have or never will have any contract with the agents new company, he still owes them money. They also provided me with a copy of a letter from TDSL informing them that the agents old company registration was cancelled in February 2008. It is my belief that this unscrupulous agent has worked around this by registering his new company and getting this certificate issued with dodgy details i.e. landlords name with his new company name and his residential address, then issuing the certificate to me for the existing tenancy. I assume that this certifcate is worthless as the tenancy was between my landlord and myself with the agents old company as the agency. What I do want to know is what I can do about this? Has he committed fraud by stating incorrect details for the landlords address and\or is this sort of deception not punishable in some way? Lastly, the TDSL website (mydeposits.co.uk) publishes rules for Agents. It specifically states that an agent must protect a deposit within 14 days of receving a deposit (point B1.1. in their rules for agents document http://www.mydeposits.co.uk/pdf/TDS_Scheme_Rules_for_Agents.pdf). So why have they allowed this 'protection' starting March 2008 when the tenancy start date and deposit receipt date is clearly stated as June 2007?
  12. Firstly, apologies for not replying sooner. The claim was referred for mediation, which I declined. It took ages to receive a court date but eventually this came through and it's set for mid-June. A couple of days later I received a deposit protection certificate from the agent. I assume that on receipt of notification of the court date, he had hastily gone and protected the deposit... in an insuarance backed scheme. That's where we are at in the process, just waiting for the court date. Additional developments are that the agent has closed it's offices, the premises are up for let. They have sold off their office equipment on Ebay. I have been searching online on a weekly basis to try and find any records that may indicate that they may have applied for insolvency but haven't found anything yet. If anyone could offer any advice on the best way to try and ascertain this it would very much be appreciated. I was pleased to read of the successful case reported on the forum(http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/138758-tenancy-deposit-case-section.html) but the second (failed) case mentioned in this quoted thread is a concern as I'm are in a similar position with regards to the payment of the deposit. My tenancy was taken up in June 2007 but the deposit was 'paid' by transferring the deposit from a previous tenancy from the same agent but from a different property\tenancy. The question is whether mine is the same situation as the failed case. If it is, is it still worth continuing with the case? Your thoughts?
  13. Can a landlord or agent (or anyone) advise what information is required to be submitted to the TDSL scheme to protect a deposit for a tenancy. This information used to be available (via document download) on the TDSL website (mydeposits.co.uk) but the site has recently been changed and this information is no longer available, at least not to 'joe public'. I am guessing it should include the following: - Tenant Name(s) - Tenancy Address - Tenancy Start Date - Tenants Telephone Number - Landlords Name - Landlords Address - Landlords Telephone Number Can anyone confirm this? Is there anything else required?
  14. Apologies in advance, I have loads of questions on this Further to my post regarding my Tenancy Deposit with the agency (This thread), we have received a possession hearing notification from our landlords mortgage companies solicitors. The hearing is later this month. I have read through some of the threads on the forum and it appears that we will ultimately be evicted. Can anyone advise whether I should attend the hearing? Should I be speaking to the landlord to try and ascertain what they intend to present at the possession hearing? Does my impending court action for the Tenancy Deposit against the agent have any bearing on the possession or vice versa? As outlined in my Tenancy Deposit Dispute thread, we have been paying our rent directly to the landlord, and not through the agent. The rent is paid up until a week before the hearing. Should I make another months payment to them or wait until the oputcome of the hearing? At the moment we have nowhere to go and there's no way we can afford another rental deposit due to financial problems. I will be consulting Shelter and the CAB but I was hoping someone on the forum can offer some advice on these questions.
  15. I have just re-read the thread and noticed that Ed999 edited his last post. In reply to your post Ed999, I have been in constant contact with the landlords. They have confirmed that the agent is holding the deposit. They are also trying to resolve 'discrepancies' in the rental income owed to them from the agent. Also on my previous post I forgot to add that the defense was filed late. I am inclined not to pursue the judgement route as I would rather this go before the court. The original claim on the N1 form was for the deposit, not including the 3x penalty. If this does go before the court I am thinking that if the agent is found to be non-compliant (officially), then the 3x amount will be considered and awarded. Thoughts on this approach anyone?
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