Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Another 'deposit not being given back' problem!


Please note that this topic has not had any new posts for the last 4034 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone,

Hope you can help.

 

We moved into a property in mid 2003 and paid £2100 deposit to the letting agent.

There was an inventory done and it stated heavy marking to carpet through out, scuffs and W&T on walls, as well as various other general W&T.

 

Every year we have signed a new tenancy agreement, until last year starting 1st dec 2007 ending Nov 2008.

Before the end of the tenancy the letting agent called, as they did every year, and asked if we would be signing for another year.

We said no.

The landlord called later and asked if there was anything he could do to get us to stay, we said no.

 

We moved out the day the tenancy ended and used the cleaners the agent suggested at a cost of £400.

 

The check out report was done on 15th Dec but was not emailed to me, after many times of asking, till 29th Jan 2009.

 

The landlord then emailed saying he was going to deduct over £1300, which I stated that I disputed.

 

Now, when we moved out the carpet did have some extra stains, but it was already in need of replacement when we moved in.

It did require repainting, but after 5 1/2 years and it being in only fair condition when we moved in, you would expect to have to repaint.

 

In all the time we were there the only repair was to replace a fridge when it broke, and a dishwasher when that broke down.

 

He sent us a cheque for the £790 that wasnt taken from the deposit, but when we sent a solicitors letter he cancelled the cheque and now says he made a mistake sending it as he got the figures wrong and requires all the deposit.

 

Im really confused how he can pay back any money, shouldnt the deposit still be held until we agree on deductions?

We have opted against mediation and decided to go straight to small claims as i he didnt notify us with in correct time scale for deductions.

Is this right?

We are ment to be going to court in a few weeks but i didnt know about the TDS until reading here.

We were never notified about where it is being held, apart from that the agents were the deposit holders.

Sorry if im being really stupid, I just dont understand.....if we were in teh TDS how could they send a cheque for £790 if we havent agreed to the deductions?

Link to post
Share on other sites

Im really confused how he can pay back any money, shouldnt the deposit still be held until we agree on deductions?

We have opted against mediation and decided to go straight to small claims as i he didnt notify us with in correct time scale for deductions.

Is this right?

We are ment to be going to court in a few weeks but i didnt know about the TDS until reading here.

We were never notified about where it is being held, apart from that the agents were the deposit holders.

Sorry if im being really stupid, I just dont understand.....if we were in teh TDS how could they send a cheque for £790 if we havent agreed to the deductions?

 

Pretty sure all damages after that length of time would be under fair wear and tear. Especially the carpet. The life span of a carpet is only 7 years I believe, so should be replaced at no cost after that time.

 

You should have a read of one of the blogs on this site http://www.landlordlaw.co.uk/blog.ihtml, scroll down till you find "Tenancy deposit arbitrations - why landlords keep losing" (might be on the second page).

 

 

It states He makes the point first that the tenancy deposit belongs to the tenant, and the landlord, if he wants to make deductions, is making a claim which he will have to prove by evidence. And if you do not provide this, you will lose your claim, the arbitrator is unlikely to write and ask you for it. For example:

  • Inventories - these need to be a detailed condition report on the property not just a list of the furniture in it. To make a claim for damage to furniture (for example) you are going to have to prove that it was in good condition at the start of the tenancy. It is best that this is done by an independent firm of inventory clerks
  • You will also need a check out report, again this should be done by the independent inventory clerks
  • Photos are generally of no value as they could be of anywhere. Presumably if they are signed by the tenant and inventory clerk on the reverse and dated they should be acceptable. If used they should be clear and have something (such as a ruler) to show scale.

Barry then explains how an adjudicator would approach a claim for a damaged carpet.

  • He would want to know the condition of the carpet both at the start and at the end of the tenancy
  • Evidence of when it was purchased
  • The cost of replacement
  • And the normal life of such a carpet
  • He would consider whether it could instead have been cleaned
  • Or whether any stain is relatively insignificant and can be left
  • In his award he will consider fair wear and tear
  • And base his award on the cost of replacement carpet but not underlay
  • For a ruined 3 year old carpet, the landlord (he says) will be lucky to get 40%, even if he can prove everything, as a tenants deposit is not a 'new for old' insurance policy

In other words, in your case... after 5 1/2 years, and presumable the place wasnt new when you moved in, you would be pretty hard pressed to find the damages you have had to pay.

 

In regards to the TDS, yes, your deposit should have been protected by one of the three TDS's, not by the LL or the Agent. If it is unprotected, you can sue for 3x the deposit.

 

I'd suggest that you look into this further, as it appears you have a pretty strong case for it.

 

The small claims is correct for the deductions, but (someone will probablyu correct me here) I would look at withdrawing your small claims claim, and then lodging a claim for your full deposit, and 3x the deposit for non compliance of the HA 2004. A total of £6400. This will not be through the small claims court however, and you will be exposed to your LL's costs should you lose. But it appears a pretty much open and shut case to me.

 

Then it will be up the the LL to prove the deductions, and if he hasnt paid them back by the time you go to court, you have a pretty clear cut case for the 3x penalty.

 

His only defence to the TDS non-compliance would be to repay the deposit before trial, which would mean that you get your deposit back, so all good there.

 

Thoughts from others?

Link to post
Share on other sites

Yep agree, should put deposit in TDS sceme as new contract in Dec 2007, so sue for all the deposit plus 3x deposit. as tenancy ended, he looses. Deductions will be agreed and sorted at same time, again what he is claiming for is more like betterment and no allowance for wear and tear - carpets 4-5 years, but depends on type and use of course ( house full of kids less/on own more ).

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...