Rent Deposit dispute

[tasco]

My daughter is in dispute with regard to her deposit being returned and is considering taking the matter to court. Recently she was contacted by the rent deposit scheme who were confirming her address for release of the remaining amount from the deposit. The address they had for my daughter had been changed. It then came to light that someone had contacted them pretending to be my daughter and said that there was no longer a dispute and to release the money requested by the landlady. It would appear that the landlady had in fact changed the address and all correspondence had been going to her. My daughter asked the deposit scheme to put this information in writing, but they declined saying that if the matter went to court then the court would contact them directly. Is this correct that the court would contact them for information, as we feel this is important and should be included in any court proceedings. Thankyou.

[Planner]

I would suggest that this has gone beyond a civil matter. I suspect it should be the police contacting the former landlady, not the courts.

[tasco]

We were surprised that the rent deposit scheme were not taking the matter further as we thought they would have considered that the landlady was trying to get the money fraudulently.

[help me kick his butt]

Yes this does appear to be fraud, like Planner says, I would certainley involve the police.

[Guest Alison82]

Can you send the deposits company a subject access request as this is data about you/your daugther?

[tasco]

I am not sure what that means Alison please could you explain.

[Guest Alison82]

Ok it means, under the Data Protection act you are entitled to see all of the information a company has on you, you send them a cheque for £10 and they must send you everything from letters o contracts, statements to transcripts of telephone conversations.

 

Since the LL wrote to them to change the address I would think this would be included in the information as she posed as your daughter so she probably would have ended the letter with your daughters name.

[Guest Alison82]

If you look in the template library you will see letters there that you can amend, they are used for reclaiming bank charges but the Data Protection act applies to all data no just financial

[Coastfodder]

Hi...I am having a similer issues with a rent deposit scheme...MY Ex Landlady signed a Declaration for them stating that she the quotes she had given them were genuine..

 

Because of a LOT of issues the courts are now dealing with our case..In the statements our exLL has stated they were made up quotes..

 

I contacted the Rent Deposit Company and this was their response

 

'

With respect to all Statutory Declarations made in accordance with Schedule 10 of the Housing Act 2004, the person is swearing at clauses 9 and 10 that it is a solemn declaration by virtue of the Statutory Declartions Act 1835 and that if a false declaration is made, they may be liable for prosecution under Section 6 of Perjury Act 1911. In the event that you consider you have a claim against the Mrs X for misrepresentation it is one we suggest you pursue directly.

 

If I am reading this right they are telling me to sort it out myself..

 

Hope you have more luck than me in obtaining answers..

 

CF

Edited January 12, 2009 by Coastfodder
deleting a name

[tasco]

Thanks Alison.

 

It is concerning coastfodder that the agency that is supposed to be there to help with deposits and any disputes do not appear to actually support when they have the information that could help you.

In my daughters case they were the ones that were contacted by the LL and I would have thought they would have a duty to follow it up. \It is very frustrating.

[RichTea88]

Hi there,

 

I'm a final year journalism student at Bournemouth University and I am currently writing a feature about deposit protection schemes after going through some problems with my landlord last year. I am currently looking for some case studies/ other peoples stories to hear what sort of problems people are facing and if they find the deposit protection schemes helpful when trying to resolve disputes. I have been reading some of the threads on here and can relate to some of the stories. If you think you would be able to help please let me know.

 

thanks!