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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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Tenancy Deposit Protection Confusion


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Hello,

I am a tenanct living in my flat for more than a year now and had to sign a new one year contract with the "Estate Agent" looking after my property. The tenancy type is Assure ShortHold Tenancy and the amount of deposit with them is £1350 which is equivalent to 1.5 months of rent. According to the new legislation, from 6th of April 2007 all tenancy deposits taken by landlords/agents have to be protected, however, the Estate Agent that is responsible for my property is failing to do that despite repeated emails to them. They have replied back very rudely and have the email record of the correspondance.

It has been more than 2 months now that my deposit is not protected. Now another dilemma is that the company doesn't seem to be reigstered with Companies HOuse. If you search for the company name, its information comes up as:

(WebCHeck - Select and Access Company Information)

-------------------------------------------------------

CHARLESTATE LIMITED

78 RICHMOND ROAD

KINGSTON UPON THAMES

SURREY KT2 5EL

Company No. 04549474

Status: Active - Proposal to Strike off

Date of Incorporation: 01/10/2002

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7031 - Real estate agencies

-------------------------------------------------------

 

However this office is deserted and I don't think any mail is collected from here either. Their actual address (from where they conduct business is)

-------------------------------------------------------

Charlestate International

Endeavour House, 2, Cambridge Rd, Kingston Upon Thames, Surrey KT1 3JU

Tel: 020 8549 7774

-------------------------------------------------------

But this address is not registered nor is this name:"Charlestate International".

 

* What are my options with them?

 

* What are my legal options?

 

* If I go to the county court, I need to file the claim against whom and what is the process for Tenancy Deposit Protection claims in a county court. Please explain in detail.?

 

* I checked with Housing Advice Helpline, and they told me that my landlord is responsible for the deposit (and not the estate agent) though they were not sure, however, all my dealings are with the Estate Agent and the contract clearly says that my Estate Agent (Charlestate) holds the deposit. I came to know about the owner of the property (or landlord) just because his owns a business next to my residence, otherwise all my dealings are with the Estate Agent. So this whole affair becomes more confusing.

 

Any help would be greatly appreciated. Please ask me questions for any further clarifications.

 

Best Regards.

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The OP said that the tenancy was renewed after April 6th, so they should be covered by the TDS - it applies to renewals as well as new tenancies. The landlord is ultimately responsible for the deposit being entered - the estate agents are just middlemen. You should write to the LL informing them that you're aware that the deposit hasn't been protected, that it is a legal obligation for them to do so, and you expect to recieve paperwork showing that it has been entered within (say) three weeks.

As you are a current tenant, under the Housing Act, legally the agents must provide you with an address for your landlord upon request.

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Was that question ever answered definitively demon? And if so, where does it state it? Not doubting you, just want the link for future reference!! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It applied to my renewal - wait, let me dig out our paperwork...

 

 

Our letter says:

 

"Dear d_x_s,

 

"Further to your instructions we enclose contracts to renew your current tenancy...Please note that there are three places to sign because of the new tenancy deposit regulations...Please find enclosed your certificate showing that your deposit is held in accordance with new rules that came into force on 6 April 07...(please pay our exorbitant fee for photocopying your old agreement and getting you to sign it...)

 

"Letting Agent."

 

That's where I must have got the idea from - let me look it up from somewhere official though :)

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Ah, something here:

 

What happens if the tenant has a tenancy agreement that was taken out before 6 April 2007 but he continues occupying the property after the end of that tenancy?

 

If the tenant decides to remain in his existing rented property beyond the initial fixed term of six months, how the deposit is treated will depend on how the tenancy is continued:

  • For a statutory periodic tenancy - i.e. the tenancy continues with no new agreement - TDP will not apply, as no new AST will have been created.
  • For a replacement/renewal tenancy - This is a new AST and so TDP will apply. The deposit previously paid under the earlier tenancy is repayable to the tenant at the end of that tenancy, so it should be returned to the tenant. Alternatively, if the landlord wishes to continue to hold it as security in respect of the new tenancy it must be protected under scheme.

From the Governmental website, and

 

Suzannah Hellicar, Rushmoor Borough Council's Housing Options Team Manager said; "This is great news and will directly benefit thousands of tenants who face problems getting their deposit returned. So from now, if you are renewing your tenancy or starting a new one, ask your landlord or agent which Tenancy Deposit Protection scheme they are part of. However your deposit will only be protected if your landlord has signed up to Tenancy Deposit Protection, which they are required to do."

 

from Rushmoor Borough Council's website, and from Shelter's website:

 

What if I paid a deposit before 6 April 2007?

 

If you paid a tenancy deposit before 6 April 2007, then you will not be protected by the scheme unless your landlord or agent renews your tenancy on or after 6 April 2007, and gives you a new agreement.

  • Haha 1

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Thatll do for me, thanks demon!! :D

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Does nobody read "stickies" anymore?

A deposit paid before that date is only protected by the Act if the tenancy is formally renewed on or after that date, by the signing of a new tenancy agreement, not if the tenancy merely continues by default.

This information has been prepared on basis of advice provided by Shelter ans I have made sure that none of it comes from the top of someone's head and all is properly checked out.

 

BTW- That was not a rant but I feel one coming anyway, entitled "stickies- READ THEM BEFORE YOU POST, public dearesssssssst"

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If you signed the agreement before 6th April 07 the th TDS does not cover you here.

 

Do you have the name of your landlord not the agency, if so you can find his/her address through the land registry

 

 

My contract was signed in August 2007 and therefore should come under the TDS rule. The agency who is holding the deposit as well as looks over the day to day dealings is holding the deposit and is clearly mentioned on the contract. The agency says that landlord need not be bothered about anything and I should come to them for every matter, as the landlord pays them for that purpose. Therefore who is responsible here?

 

Secondly, if I have to issue a notice, whom to issue such notice that I am going to the court if they don't comply?

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If you are going to issue court proceedings, do so against the landlord as I said above. The contract that you entered into is between you and the landlord, not between you and the agents - you've got to think of the landlord as the MD and the agents as his paperwork-monkeys. S/he is ultimately responsible for your deposit, and it is to hir that you should direct complaints now, as the agents seem to be determined to be obstructive.

What do you mean precisely by 'rude'? This is also a problem that you need to take up with the landlord, as the agents are acting as hir representatives.

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Sorry Joa, sweetie - I've only browsed, nay, grazed the stickies, and of course you're to be congratulated for your excellent work :)

 

Most of my info - hells, most of my life - comes off the top of my head. I'm thinking of having a kettle whistle installed :D

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:lol: I just imagined you with a steam whistle....I must say I smiled to myself, thank you, cause it is a grim day today and NatWest whacked a charge for being £3 short of a DD which should not have gone out today anyway. So your whistle has helped me :D

 

As for the stickies- as you know Ed re-wrote most of them because I felt my languge skills were crap and they needed to be done pronto. But the info contained should be perfectly OK; checked and double checked. If anybody spots anything wrong, please let me or a Mod know asap as giving out incorrect advice is like a worse crime in advisers' handbook!

[sIGPIC][/sIGPIC]

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Ammmark, read this thread: http://www.consumeractiongroup.co.uk/forum/tenants/117280-tenancy-deposit-scheme.html

 

If your deposit is not protected, then now is the time for you to sue the landlord for the deposit plus the statutory penalty, as explained in that thread.

 

The person to sue is the landlord, not the letting agent, as explained in that thread.

 

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

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Joa - they must notify you ten days beforehand if they're going to change the payment date, otherwise they're in breach of the DD Guarantee and you can ask for it back. If the payment hadn't gone out on the wrong day, you wouldn't have been charged, and the bank should remove it without the hassle of threatening court ;)

 

Apologies for hijack ammark - let us know how you get on.

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If you are going to issue court proceedings, do so against the landlord as I said above. The contract that you entered into is between you and the landlord, not between you and the agents - you've got to think of the landlord as the MD and the agents as his paperwork-monkeys. S/he is ultimately responsible for your deposit, and it is to hir that you should direct complaints now, as the agents seem to be determined to be obstructive.

What do you mean precisely by 'rude'? This is also a problem that you need to take up with the landlord, as the agents are acting as hir representatives.

 

Hello, I just want to be very certain about this aspect therefore I would like to write the main page of the contract :

 

Date: 28.07.07

 

Lanlord: [landlord's name] (note: doesn't contain his address)

 

Landlord' Agent:

Charlestate Estate Agents

2 Cambridge Road

Kingston Upon Thames

KT1 3JU

 

Tenant: [my name]

 

Property: [property details]

 

Deposity: A deposit of £1350 is held by Charlestate

 

...........................................................

...........................................................

 

So, here you see that the address of the "landlord's agent" is included and also it is written that the agent would keep the deposit. However, the contract is signed between me and the landlord.

 

Therefore, as you stated, is the landlord responsible for the deposit? And if I need to send the landlord a registered mail, I don't have his address. How can I find that? (although I have his business address, but I don't have his acutal or home address).

 

Thirdly, what is the "roadmap" of entering a county court case for "tenancy deposits"?

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You are entitled under the Housing Act to have an address for your landlord, and yes, you do need to serve against the landlord for the deposit. It would be best to serve at the landlord's address, and make every effort to do so, but if you really can't find hir address, you can serve papers on hir using the agents' address as the only one provided to you on your contract.

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You are entitled under the Housing Act to have an address for your landlord, and yes, you do need to serve against the landlord for the deposit. It would be best to serve at the landlord's address, and make every effort to do so, but if you really can't find hir address, you can serve papers on hir using the agents' address as the only one provided to you on your contract.

 

Thanks a lot. I would have few more so please bear with me:

 

1- Under Housing Act, who is responsible for letting me the know the address of the landlord. Is there a website which shows the addresses to the landlords of properties?

 

2- If I take the matter to the court, what is the procedure for this claim. I have told the agency and my landlord about protecting my deposit, but haven't sent them a formal notification by registered mail? Do I need to send them a formal notificiation by registered mail threatning court action or can I go directly to the court and file a case?

 

3- Could you please elaborate or show a roadmap for cases involving Tenancy desposit protection.

 

Thanks

Ammar

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  • 2 weeks later...

May I urge you to re-read this thread: http://www.consumeractiongroup.co.uk/forum/landlords-tenants/117572-unfair-deposit-deductions.html

 

It explains many of the things that appear to be troubling you, including how to find an address for the landlord.

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

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Guest Alison82

Ed999

 

This is very unhelpful. The majority of your posts yesterday afternoon said exactly the same thing (please do not just copy and paste your answers).

 

People KNOW where the stickies are and I'm sure they have read them prior to starting their thread!! I understand that you have spent a lot of time and effort putting those stickies together (it hasn't gone unnoticed) and us members are appreciative of them. But if you don't have anything constructive to post to a specific question then why bother posting anything?!

 

You are just bringing old threads to the surface when they have already been answered and pushing the new threads back!!!

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Just wanted to add that reading through the housing act again, it states it is the person/s who receives and holds the deposit that is responsible for registering it with an approved TDS.

Surely this is the person/s against whom the claim must be made? So if teh deposit is taken by the agent, it should be claimed from the agent.

 

Also to the original poster, I used the N1 form but subsequently it appears that it may be the other one ...N308?

Nevertheless, see my thread http://www.consumeractiongroup.co.uk/forum/tenants/120764-obtaining-court-order-tenancy.html. I will try and update it for the benefit of all.

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The agent holds the deposit on behalf of the landlord; the tenant contracts with the landlord; it is the landlord's ultimate responsibility.

 

But we arent talking about deposit return, we are talking non-compliance with TDS. I would agree with Grids interpretaion, that it could be the Landlord or the Agent, dependant on what it says in the contract, who holds the deposit etc.

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