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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Isaac Anthony Manchester agency keeping deposit


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Evening all,

 

I'm currently fighting my own battle with a private landlord but this particular one concerns my girlfriend.

 

She moved out of an apartment on 31st May and the agency agreed in a fair time to return the full deposit.

 

Ever since then it's been a losing fight to get the deposit back.

 

The agency in question is Isaac Anthony of Manchester.

 

Legal threats just don't work. Visits in person just don't work. They have her money and she doesn't. It's that simple. If if you show them the ludicrousy of their (lack of) actions they just ignore.

 

It's now got to the point where I will go to Money Claim Online/N1 to claim my deposit+costs and am happy to pay the fee but what if they actually do pay it days after I submit it?

 

I don't want to lose my court fee.

 

The dispute service has told me it will take months for them to take action.

 

Any advice please?

 

MANY THANKS

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Was her rental agreement an AST (Assured Shorthold Tenancy) which commenced after April 2007?.

 

Was her annual rent more than £25,000 per year?

 

Was her deposit protected and was she notified within 14 days of the start of the tenancy of the details of where the deposit was protected?

 

Which dispute service are you talking about?

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Landlord was an agency.

 

Do you mean Agency is actually the owner of the property, or the Agent of the Landlord who owns the property?

 

It is an AST. Everything was done by the book until it came to actually receiving the cash back. The service is the Deposit Protection Service. Thanks

 

Then why is she not applying to the DPS for the return of her deposit? Has the Agent disputed its return and if so what excuse is given?

 

You can try the MCOL (Money Claim Online) route - it is not too expensive.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Hi. Thanks for your help. Please excuse my naiivity on this subject.

 

Perhaps I am confusing the issue by saying it was through an agency. Basically, it was a managed property by the agency and she never knew who the landlord was.

 

The DPS have told her it will take a very long time to chase them. Are they wrong?

 

Agency made NO disputes and agreed to pay the full sum but that was many weeks ago.

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Hi. Thanks for your help. Please excuse my naiivity on this subject.

 

Perhaps I am confusing the issue by saying it was through an agency. Basically, it was a managed property by the agency and she never knew who the landlord was.

 

That is nonsense. They must know who the LL is - that is who their customer is and who pays them!! The Agent works for the LL, not the Tenant. You actually have a legal right to request the LL's address.

 

If in any doubt, contact the Land Registry and find out who owns the property - this is not expensive and not difficult - but I think this Agent is playing you around!!!

 

The DPS have told her it will take a very long time to chase them. Are they wrong?
Chase who??

 

Agency made NO disputes and agreed to pay the full sum but that was many weeks ago.

 

Contact the DPS yourself. DPS 0870 707 1 707

 

Your girlfriend should have been notified of the details of the deposit protection at the beginning of her tenancy, and I think would have been given a personal reference number to apply for deposit's return. They will want to know the address, your girlfriend's name and probably the Agency name. You should find them really helpful, they normally are.

 

There is definitely something fishy going on here. Do not be fobbed off.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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I'm a bit confused. If it is the Deposit Protection Service (DPS) then DPS should be holding the money.

 

At the end of the tenancy, both parties agree online to the division of the money by entering their individual passwords. Then DPS release it.

 

So who has the money?

 

If you need to sue anyone, you should sue the landlord. If the agent won't tell you who the landlord is (and since you've now moved out they don't have to) then sue the agent pointing out that they have refused to name the landlord (the landlord is an "undisclosed principal")

 

I am not a lawyer.

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You have not responded to my queries. Doubt I can help further. Suggest you go for the MCOL - seems only option if money is not in DPS.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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