Hello there Great, thanks again for the continued advice and interesting to read the latest from your case. I am working on my application over the next few days so will message you with updates/questions. Thanks SD

Hello there Thank you so much for all of your help so far. Here is a copy of the form I wanted to submit and was hoping you may be able to look over it and assist me in getting it to a point that is suitable for submission. I have a meeting with a free legal advisor next Thursday and I hope to submit this application immediately after that meeting and so would like to be at point where it is pretty much ready to go when I get to the advisor. 1 - I am a little confused re. point 6 as to what the dates should be? 2 - I am not sure what to put in the pleas-in-law again down to the dates. 3 - Also, my lease was a Short Assured Tenancy Agreement and under the deposit section it simply says that the agent will hold the deposit and does not mention the deposit schemes. As we have signed this does it invalidate the fact a scheme was not used or is it law even though it does not state it in the lease? 4 - Also, I am not sure what is meant by (design and state any special capacity in which the pursuer is suing)? Form 1 Form of initial writ Rule 2.4(1) SUMMARY APPLICATION UNDER Regulation 10 Of the Tenancy deposit Schemes (Scotland) Regulations 2011 INITIAL WRIT SHERIFFDOM OF ********* AT ******** Sheriff Court [A.B.] (design and state any special capacity in which the pursuer is suing) Pursuer against [C.D.] (design and state any special capacity in which the defender is being sued) Defender The Pursuer craves the court to grant financial compensation £*** for non-compliance with the above regulations, equivalent to three times the amount of the tenancy deposit paid, and, in addition to this, any expenses of bringing this claim. CONDESCENDENCE 1. The pursuer commenced a lease on 30th July 2013 for rental property ***************** and paid a tenancy deposit of £*** on this date. 2. As prescribed under the Tenancy Deposit Scheme Regulations 2011, the defender was required to lodge this deposit with an approved tenancy Deposit Scheme in Scotland and provide the prescribed information in accordance with her duties under the Regulations. 3. The defender failed to protect this deposit at any point during the tenancy with an approved Tenancy Deposit Scheme in Scotland, and failed to provide the prescribed information in accordance with her duties under the Tenancy Deposit Scheme Regulations 2011. 4. Letting Protection Service Scotland, SafeDeposits Scotland and My Deposits Scotland have each confirmed (emails attached) that no such deposit for the rental property was filed with them. 5. Under the regulations, the information to be provided is as follows: The amount of the deposit and the date this was received. The address to which the deposit relates. Landlord Registration Details. The date the deposit was paid into the scheme. The name and contact details of the tenancy deposit scheme used. The condition in which part or all of the deposit may be retained at the end of the tenancy (with reference to the tenancy agreement). 6. This information should have been provided within 30 days of the date the landlord was due to comply with the regulations being………in this case. 7. The above information was not received at any point during the tenancy. 8. The defender therefore failed to comply with the above regulations. 9. The defender has unfairly withheld the deposit of £*** which will be pursued separately 10. The pursuer is seeking financial compensation payable of three times the amount of the tenancy deposit, totalling £****. 11. Th address..... PLEAS-IN-LAW 1. Under Regulation 4 of The Tenancy Deposit Schemes (Scotland) regulations 2011, the landlords who receive deposits on or after 2nd July 2012 Signed [A.B.], Pursuer or [X.Y.], solicitor for the Pursuer (state designation and business address) Thanks again SD

Hello again Thanks, really interesting topic. No no, I am just seeking advice and have an appointment with a free legal advisor next week so want to in a position to just show them what I have and for them to say "yeah that's looks great" so that I can kick on. I need to submit it next week really as want it underway as soon as possible. Your help has been invaluable so far, thanks so much. SD

Great, thanks again and don;t worry about speed of reply, i just appreciate the help and time you are putting in!! 1/2 - Yes I am going to crave the full three times the deposit. If I am successful I probably will not chase the original deposit as it would more than cover the amount we are currently out of pocket. OK, I will make sure it is mentioned (that section is pretty much the same as yours apart from the £X amount). 3 - I will put together a pack of emails and back up evidence and include it as an attachment on the email (I will be emailing the summary as I am not in the city I need to make the claim at present). 4 - I have looked but the dates confuse me a little? Sorry if I am being stupid. I think maybe get my summary to a point where I am happy with it then forward it to you if that is OK? That will probably be tomorrow but do not worry about replying straight away. A couple of other things sorry : 1 - The schemes have no record and he forwarded nothing to us regarding it but is there any way I could have missed it and it is in the scheme and I will be out of pocket? 2 - Apart from the initial fee and a fee for the sheriffs to issue the warrant are there any other hidden costs before or afterwards? Thanks SD

Great thanks and sorry if I ask too many questions I have just not been able to find assistance with any of the orgnisations that seem to promise it. Right, I will try and be succinct: 1) My landlord is not claiming there is a reason to not refund the deposit he has simply disappeared and gone completely quiet. he has promised our deposit back but not paid it and now is not responding. Can I claim my original deposit plus any compensation via this message or am I simply claiming compensation for not using the scheme? E.g. Can I say something like "I crave £x which is the original deposit plus compensation and and fee"? Or do I have to claim my deposit back separately? Not that it would matter as compensation would more than cover what I am owed (I am not greedy, I only really want back what I am owed but am hoping asking for the maximum will make him more inclined to settle) I just do not want to claim something I am not entitled to and harm my application. 2) Is the £x stated a figure that includes the "expenses of this claim" or are they added later on top of this amount? Just so that know how much to ask for. 3) I have emails proving none of the schemes were used and from the landlord to illustrate a few points. Shall I include these with the application? 4) I am just a little confused by the "pleas-in-laws" and what should go here? Also, and I know I am asking a lot of you here, would I be able to forward to you my final form for you to look over? Not only do I want to win this case out of principle but I would like to have a good application so that I can make it available to as many people as possible in my situation. Sorry and thank you again. Regards SD

Hello there Firstly, howdie everyone!! I have just joined this forum after avidly reading this thread as I have been at a loss as to how to progress my situation. Thank you all so much for the help and advice, this is a very useful forum. I would like to briefly outline my case and then ask a couple of questions if that is OK? I will try to keep it brief and omit any details not necessary. We moved out of a tenancy in May at which point the landlord agreed verbally on final inspection to repay our deposit in full once they had received final bills for Council Tax and electricity. These two bills were paid and we kept messaging and he delayed but we had no reason to mistrust him and gave him time. Then he went quiet and did not reply to texts, emails or answer his phone. After three weeks he made contact and apologised for delay and stated in text (a copy of which I still have) that he would repay the deposit. Since then we have heard nothing and have not received the deposit back. Getting worried, I started to look into the matter and realised none of the deposit schemes had been used so sought legal advice and was advised to complete a Summary Application through a solicitor. A solicitor agreed to take on our case but then we began to become wary of fees/hassle as we are not eligible for legal aid but cannot afford to be out of pocket so I have decided to go it alone. Having spoken to what seems like every single agency in Scotland over the last couple of days I have found it almost impossible to find anyone who can aid me with the process so I headed to good old Google and found this forum. The information on here has been massively helpful and LaurynM I would like to say a massive thank you for all of your advice and for copies of your forms. I have used them to complete my own forms but have a couple of questions and there are a few differences in our cases so was wondering if you may be kind enough to help? I really want to resolve this and want as many people in my position to be able to benefit from any success I may have so wondered the best way to progress? If you are OK to help me can I ask my few questions on this forum, visibly so that people can see? Thank you for your time and I hope you may be able to help me. Regards SD