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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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Princessj0

Landlord not returning deposit

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Hi all,

 

I've read other threads on here about this kind of thing, but I need some advice please.

 

I'm about to go into my 3rd year at uni, I moved out of a flat in June after living there for a year and a half. My landlord has always been really nice, flexible and understanding. So when he told me I'd have my full deposit back in a week I just believed him. Now it's been 6 weeks and he's still not paid it (I know that isn't long, but I was relying on that money to pay septembers rent :eek:)

 

Sometimes when I phone him he doesn't answer and doesn't answer to my texts or voicemails. But then other times he answers and tells me I should have it within a week....... but guess what? it doesn't arrive!!!

 

He keeps fobbing me off with stories as to why he's not sent it yet. And I don't know what to do. I have no documented proof that I lived there, only proof from the other 8 people who I lived with, who haven't had their deposits returned either.

 

Because I trusted him, I never took photos when I moved out. We'd decorated the property and had made it so much nicer, but if he argues that we destroyed it, we've got no proof!! :sad:

 

Please can someone help?!?!?!?!

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Was the deposit protected? if yes contact the holder, if not you have a claim for 3x the amount plus the deposit. tell him that and you should get it double quick.

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I don't know if it was protected, I'm assuming that it wasn't.

 

Tried to get in contact with him every day this week... and he's not returned my calls. :mad:

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Don't ring - write.

 

Write to him and say that unless your deposit is returned to you, in full, within the next 7 days, you will take him to court for the deposit plus 3xdeposit for non-compliance with the deposit protection legislation which required him to protect the deposit in one of the 3 government approved schemes AND TO NOTIFY YOU WITHIN 14 DAYS OF PAYING THAT DEPOSIT where it was protected and how to reclaim it.

 

If this doesn't shift him then start the recovery process. Come back to us if you need to. I'll be surprised if you don't receive it pdq.


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,

 

I posted on here a while ago about this same landlord not giving back my £200. It's now been 5 months. I've started court proceedings.

 

Of course he filed a defence hiding behind a company name, which we found out was actually his and his wife's company. So my step dad phoned him to try and sort stuff out. He offered £150 as he thinks that I should have to pay for some stuff.

 

Anyway, it's been 5 months, and this is the first he's told us that he's claiming back for certain things (they're all lies, and stuff that I can prove not to be true). I heard that a landlord has a specific amount of time to let you know if they're taking any money out of your deposit? Is this true? And if so, is there a law against it all?

 

Thanks.

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Hi, Princessj0.

 

I have merged your two threads.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Anyway, it's been 5 months, and this is the first he's told us that he's claiming back for certain things (they're all lies, and stuff that I can prove not to be true). I heard that a landlord has a specific amount of time to let you know if they're taking any money out of your deposit? Is this true? And if so, is there a law against it all?

 

I'm not sure if there is actually a law. I've researched and inquired about the same thing but I have yet to find a firm number of days unfortunately.

 

I think the general time frame is "reasonable"... now what does that mean? Best I can gather that "reasonable" generally is is 14-21 days. Now from everything I can find... or rather not find... the time period of two to three weeks seems to be generally standard, but I don't know how solidly that will hold up in court.

 

If anyone has a more concrete answer I myself would also be quite interest to hear it as well!

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The main point is that the deposit was not protected. You should get all your friends together and take this chap to the cleaners. Deposit plus 3 x deposit for all of you should add up to a tidy sum.

 

He will not get a penny from the courts whatever he says - no written agreement (under the law, you would have been assumed to have an assured shorthold tenancy of a minimum of six months, then periodic), no proper check in inventory against which he can assess the conditions at the end of the tenancy - and no deposit protected. He would be laughed out of court. He is a rogue and needs to be punished.

 

You need to be serious about this - he probably doesn't believe that you mean business. If you can get all your friends together it may be worth using a solicitor (you need to find one who is expert in this field) as you can claim your costs too.

 

Check other old threads on here and on Landlordzone to get a feel for how to go about it.


Kentish Lass

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

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Well, it ended up going to court. He didn't turn up, and the judge ruled that I needed to go through the company (his company :mad:) anyway, I was expecting that.

But the good news is, I've now got a copy of the assured shorthold tenancy agreement, a statement from him saying that the deposit wasn't protected - he seems to think that companies don't have to protect deposits which the judge thought was rather funny - so the judge recommended that I went for the deposit + 3x penalty payment + court fees to cover all my troubles. The judge also transferred the claim to the company, so I don't need to start the whole proceedings again.

I was just wondering though, should I send the company a letter telling them that I'm taking them to court for not protecting my deposit, and witholding it?

Also... I got an offer from them, the judge told me that it is in the housing act that any disputed amount agreed should be paid within 10 days, is this true? Was trying to find somewhere that stated this, but can't.

Would much appreciate it if someone could help?

Thanks.

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