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    • First of all welcome to the Forum. Do not worry about Drips+ -a dead sheep has more power so do not let them bother you and never contact them. It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver. You have lost the protection of POF A but it is not a fatal. Please do not even think of paying a penny. The amount may go higher in the short term but when the poor dears do not hear from you they get worried ( because they think to won't pay) do they start sending begging letters and reduce the amount owed.I One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up. Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.
    • HI   You took possession of the Property in 2010 but when did you end the Tenancy Agreement?   Did you give them the required Notice to end your Tenancy?   You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?   You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.   Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 
    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
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robert_harvey07

Tenancy Deposit Scheme - Landlord says not applicable

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We moved into our new house in April on a Short Assured Tenancy. We were experiencing some financial difficulties at the time, so we agreed with the landlord to "pay up" the deposit over a period of 4 months. We agreed to pay £100 extra for the first 3 months in addition to the rent, and then on the 4th month to pay an extra £350, making a total deposit payable of £650 (one months rent).

 

Last month our landlord started to become somewhat of a nightmare - allowing his friends to enter our house with his set of keys without our knowledge to retrieve his mail, refusing to repair appliances etc. So we came on here to read up on a few issues. It was here we discovered about the TDS.

 

We contacted our landlord to ask what scheme we were in and he said none, he'd never heard of it. After several conversations, it has transpired we are in no TDS and he says that because we agreed to "pay up" the deposit, this excludes us from the TDS and as far as he is concerned, that's it - he'll keep the deposit in his account. When I suggested to him that as we were "paying up" the deposit, surely it would have made more sense for him to take out the form of TDS insurance...he replied that as far as he's concerned the matter is closed - he doesn't have to comply with the TDS.

 

We're read on here that you can claim 3x the amount back via the courts, but to be honest we'd be happy to just have the deposit amount we've paid back so we know he isn't going to try and keep it or anything.

 

So, this brings me to the question. We've paid 3 months of £100, so he has £300 in deposit so far. This month we are due to pay the final installment of £350 - are we within our rights to not pay this to him? Also, can we ask him to return the £300 deposit also?

 

Thanks in advance for your help! :-)

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Are you not in Scotland?

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If the tenancy is an ast and not over 25,000 rent a year the tds scheme applies, you would have a case for return of the deposit and 3x penalty through the courts.

 

cds:)

 

Thanks for your reply!

 

Although I technically haven't paid the FULL amount of the deposit until tomorrow when I am due to pay the last payment of £350. So far I have only paid £300 of the required £650. So would tomorrow, since that is the first day he has the "full" deposit be the day from which he is required to register it in a TDS? Or should he have registered it from the beginning when I started paying his the monthly installments?

 

Cheers

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Thanks for your reply!

 

Although I technically haven't paid the FULL amount of the deposit until tomorrow when I am due to pay the last payment of £350. So far I have only paid £300 of the required £650. So would tomorrow, since that is the first day he has the "full" deposit be the day from which he is required to register it in a TDS? Or should he have registered it from the beginning when I started paying his the monthly installments?

 

Cheers

 

Anyone able to help? :)

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Because as it stands Tenancy Deposit schemes apply to England and Wales only, not Scotland. Hence no need to place the deposit in a scheme.

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