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My ex landlord had not paid my deposit into a DPS


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Hello CG. I really dont think he will settle. He beleives since he has paid my deposit back in full that I am no longer the tenant. I think he is sure he will win the case. Pompous twit that he is lol

My actions are purely sucking up to the judge ;)

Please note, my advice is only my opinion.

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Hello CG. I really dont think he will settle. He beleives since he has paid my deposit back in full that I am no longer the tenant. I think he is sure he will win the case. Pompous twit that he is lol

My actions are purely sucking up to the judge ;)

Good for you hun, you know we're behind you ;)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hi All, just to let you know that I have heard nothing from the LL regarding the 2 xoffer. I really did not expect to. So now im going to fill in the allocation questionaire and send off my £35. Just a note to all. I have noticed that several people have been sent the allocation form and asked for £200, on phoning the court they say they have sent the wrong form and that actually its £35 . Be aware of this as it happens too often to be a coincidence x

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Not much of an update i'm afraid. Still no word from LL about the 2 x offer. As I have said before, I did not expect him to reply or settle.

My next question is

On the allocation questionaire it asks if you would like to use the courts mediation service. I ticked yes as the defendant had ticked yes on their form, I did not want to appear to the judge that I was not trying to rectify this matter out of court. However, I wish now I had ticked no, as this is an absolute matter, why should I accept less?

Also, I have read on someone elses post that they are unlikely to win their case as the deposit has already been returned in full.

Anyone got any views on this?

Thanks as always x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Hi HMKHB, personally hun i wouldn't have ticked it but thats just me

I think once it gets to court the judge will see that you have given him every opportunity to settle this out of court :)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Thanks CG, lets hope so. Im still fearful of the fact the deposit has been returned in full though. Ive seen on here that one rule must follow another ie, deposit to be ordered to be payed into a scheme or be returned to tenant, then must order to pay fine x 3. If they have already returned deposit, surely they cant follow on with the fine? xx

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Thanks CG, lets hope so. Im still fearful of the fact the deposit has been returned in full though. Ive seen on here that one rule must follow another ie, deposit to be ordered to be payed into a scheme or be returned to tenant, then must order to pay fine x 3. If they have already returned deposit, surely they cant follow on with the fine? xx

Hi hun, you're suing because he didnt protect the deposit which he has to by law or be fined, not because he didnt return it to you.

Also i dont think the mediation thing is relevant to this case IMO xx

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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  • 3 weeks later...

Hello, I am new to this, and have come to the site as like many of you I am having a problem with my deposit. With the masses of information available , I am finding it difficult to sift for the information I need.

 

My story,

 

-I moved into the property on september 3rd 2008

-My rent is 510 a month

-My deposit is 510

-My tenancy lasts until Jan 31 2009

-There are four rooms in the flat, each one is rented on very short term lets (3-6 months), sometimes remaining empty for a few weeks.

-My international flatmate who is moving out is having problem getting her deposit, she may not get it.

-I do not think my deposit is in a DPS, I did not recieve anything from my landlady. I wasn't given a inventory either

-I do have a written signed contract, including the fact that I have given the deposit.

-The landlady refuses to give me her home address contact details, I only have her mobile number and email.

 

Questions:

 

-I am assuming I should ask my landlady if my deposit is protected first? Is this right? or should i do something else?

-If it is not protected (most probable), what should I do? Would I be liable for the 3 X ?

 

Many thanks for your time in reading this, I hope someone with knowledge in this forum can assist me (Mr Shed?!?!). I will keep you informed with the progress.

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Hi m0442,

 

You moved in after April 2007 thus your deposit should have been protected.

If you haven't been informed that it has in fact been deposited (within 14 days of you giving it to the Landlord) then you still have a case.

There are a few ways you can find out if it is.

Call all 3 schemes, give them your name & address and ask if they have any records of deposits protected by them.

Sounds like it's not protected but better to double check.

Your international friend could also do this.

Where you have a written contract that states you were to pay a deposit then you have every argument to sue for 3x if a)they haven't deposited it b) they did not inform you.

 

As an aside and to respond to a point you made, the Landlord HAS to give you an address (in England or Wales) for you to serve notice and has to furnish you with this information within 21 (could be 28 ) days of you requesting this. Is there an address on the original AST??

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  • 3 weeks later...

Hi all, just a quick update, actually not much to update on. Phoned court yesterday as I have not heard anything for a while. Was told that we are just waiting for a court date now. Fingers crossed its soon. Happy New Year to All x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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  • 3 weeks later...

Hiya, finally got a hearing date. Middle of April!!!!

I have still had no responce from my ex LL regarding out of court offer. So am sending £300 for the hearing fee and going to court.

Will keep you all updated if any news xxx

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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  • 2 weeks later...

Hi all, (if anyone is still with me lol)

Have had a letter from my ex LL offering one fifth of what the claim is worth.

Needless to say we declined his very kind offer and have told him we will be proceeding to court unless a more realistic offer comes our way x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Hi all, (if anyone is still with me lol)

Have had a letter from my ex LL offering one fifth of what the claim is worth.

Needless to say we declined his very kind offer and have told him we will be proceeding to court unless a more realistic offer comes our way x

 

Getting somewhere at least!

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Hi all, well great news. LL has just sent me a letter offering to settle in full out of court. Has sent a consent order for me to sign so his solicior can send to the court. Then will pay 7 days after approval with court.

Is this ok to sign?

Im pleased that this fight will be over soon, however, sad, in a way that i have not gone to court and been able to give my experiences of that and of course the judge's ruling, to help others on this site.

I would in particular like to thank MrShed, Planner, Just4Let and SteveM for all their help and words of wisdom. Also Callum's Gran for her warmth and friendliness. ( feel like ive just won an award) lol

Im off to go treat myself to a new Mulberry handbag now for all my hard work with this lol xxx

Edited by help me kick his butt

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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  • 1 month later...

Thank you all very much.

I paid a solicitor a one off fee for a consultation, then if I had any questions, I just phoned him, he was absolutley brilliant, Im sure he is glad to be rid of me as I phoned him at least one a week with a question. Bottle of Malt has been delivered to him though lol

Its relatively easy and you dont need a brief but I just wanted a shoulder to lean on sometimes.

Any questions, do ask, as im quite an expert on it now lol

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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Belated congratulations - I missed your 6th February post!

 

To be honest, he's not much of a negotiator. I really wasn't too sure how your case would go as he'd already repaid your deposit (albeit late). If he'd offered half of what you'd asked instead of a fifth I'd have told you to bite his hand off!

 

Does that mean you're going to change your name to "I kicked his butt good and hard"?

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Hi all, well great news. LL has just sent me a letter offering to settle in full out of court. Has sent a consent order for me to sign so his solicior can send to the court. Then will pay 7 days after approval with court.

Is this ok to sign?

Im pleased that this fight will be over soon, however, sad, in a way that i have not gone to court and been able to give my experiences of that and of course the judge's ruling, to help others on this site.

I would in particular like to thank MrShed, Planner, Just4Let and SteveM for all their help and words of wisdom. Also Callum's Gran for her warmth and friendliness. ( feel like ive just won an award) lol

Im off to go treat myself to a new Mulberry handbag now for all my hard work with this lol xxx

Awww bless you hun, ive just seen this

You're welcome and i'm glad you won, glad you like your handbag lol ;)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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He he Steve M, love the name change idea. I must admit I was very surprised by his offer. I had previously written to his solicitor saying I would only ever accept the full amount as I felt I had such a strong case.

LL considers himself an outstanding member of the community and I dare say could not bear the thought of going to court.

That will teach him for being such a pompous arse xxx

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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