Jump to content


  • Tweets

  • Posts

    • Thanks for that nuanced response Bazza. I was hoping to argue that I did turn left into the road and what happens on the road I turned into is a moot point. Best, Chris
    • Hi mitm are you able to DM me? Need some advice and rather just take off here for now. Won’t let me DM you as a new user. 
    • Just a little something for consideration When a card is compromised, the replacements can be set up to automatically allow or manually re-add, old recurring transactions. The card issuer may ask you to confirm legitimate transactions which they would effectively 'migrate' to the new card Some do - some don't. Some staff on some cards seem to be entirely unaware/uncaring about this. Some card issuers expect you to sort it all out manually.   BUT if the leak is an ongoing lyca leakas it seems - as soon as you or your CC supplier give it to lyca/the leak source - compromised again     A note on security DONT use the same email or phone number for your banking as you do for sims etc. Although a bank eg santander leak would compromise this Infp seems to suggest that single/compromised multi factor authentication customers are priority targets, with more robustly secure cards being hit by 0.00 tests first Consider that the email address is one of the OTP recieving options AND one of the OTP security checks prior to sending the OTP - with the phone number being another So if they've got your card and email (same email for banking and end contact) - and you aren't forcing a phone OTP - you are compromised.  
    • Thanks for posting up the back of the NTK. The good news s that as it does not comply with the Protection of Freedoms Act, it means that you are not liable for the charge as the keeper as I explained in a previous post.  The PC fails for two reasons. The first is that it does not specify the period of parking. All it does is list the arrival and departure times of your car. Obviously that does not include the time taken to drive to the car parking space, manoeuvre the car into the space and later drive from the space to the exit. Nor does their times include things like getting kids disabled people out of and into the car as well as things like returning the trolley whilst still being parked. All of which can add a fair bit of time to the parking period which can then be subtracted from their ANPR times and makes your actual parking time a lot shorter than 118 minutes they seem to think it is. The second reason is that they failed to ask the keeper to pay Schedule 4 Section 9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges You as keeper are now in the clear which is a good reason for you to contact Sainsbury  stating that you are being pursued as the keeper when you are not liable under the Act as well as the oher things I suggested in my previous post. If you don't get it cancelled with Sainsbury this could drag on for months with endless letters unlawfully pushing the price up to scare you into paying.  
    • Brilliant! That's great to hear and honestly pleased I'm wrong, my advice was out of concern. I checked some of your previous posts last night and you've been giving great advice to others at times. Bringing a claim can be serious (counter-claims etc) and it didn't appear you were knowledgeable based on posts so far. Far from an expert myself, just interested and will try to help. I'll sit on the sidelines, best of luck with the claim!
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Deposit refund - Can I insist on a cash only return of deposit?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3955 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

 

Been renting for a long time. Moving to my own new mortgaged property now.

Tenancy from approx Oct 1997.

 

Don't think the deposit scheme applies to the tenancy agreement as it was started before deposit legislation kicked in (if you know otherwise let me know).

 

Now - I only want my deposit refunded in cash. LL says happy to make bank txfr but I will not accept that.

 

Can I legally insist that I will only accept cash?

 

There is no provision on the tenancy agreement as to how it should be refunded.

 

Anyone know the situation?

 

Many hanks.

 

Doc

Link to post
Share on other sites

Did you pay the deposit in cash ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Righto, I was going to say, if you had paid the deposit in cash, then perhaps you could insist on a cash return. If it is a fair chunk of money the LL may not wish to be responsible for holding a lot of money until it passes over to you.

 

I am sure there will be others look in who are sure to have more knowledge about this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

That is really easy to answer.

 

First off, not so sure what all the abbreviations are but I presume BGC is Bank Giro Credit so it is simple.

 

I hand over keys, leave, travel the 410 miles to my new house, then hey presto, no transfer. Funny that!

 

This site is awash with people not getting their deposit back. Cash on key handover after a property inspection is the safest way to ensure money is returned.

 

How many get that? Not a lot according to this site.

 

In terms of amount not being a lot it is not a lot. Many deposits are much higher.

 

So I want this in cash to secure a definite payment without the massive grief many experience.

Link to post
Share on other sites

 

 

I hand over keys, leave, travel the 410 miles to my new house, then hey presto, no transfer. Funny that!

 

This site is awash with people not getting their deposit back. Cash on key handover after a property inspection is the safest way to ensure money is returned.

 

So I want this in cash to secure a definite payment without the massive grief

many experience.

 

I can see why you are concerned.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It is kind of funny. I spend my life in extremely dangerous situations all over the world and get regularly shot at etc.. And here we are trying to see the legal position on insisting if one has the right to demand a cash refund. Oh the absurdity in so many ways.

 

Now if the UK legislation was a bit more relaxed I would do what I do when abroad with the team - point a large menacing gun and smile, that works very well but in the UK there are a few rules - a little frustrating at times lol..

 

Over to the wizards.

 

Doc

Link to post
Share on other sites

How about a banker's draft if they don't want to give you cash. Once that has been drafted then the money is ring fenced.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Bank draft is an option. Is OP prepared to pay the fee?

Even for pre-DPS ASTs, LL had 14 days, after end of T (keys returned), to inspect vacated property and return deposit or submit proposed deductions.

With DPS, deposits should not be released before end of T.

I applaud OPs caution and assume he has been a model T for 6+ years, giving due Notice and causing no T attributable damage etc.

OP may have paid deposit by CC in which case LL is allowed to p\ay refund to that CC account.

 

I would have to advise LL caution in this sceanario.

Link to post
Share on other sites

Hi,

 

Thanks for that but I have no idea what you are going on about. DPS, TT, OP, AST's - Seriously.

 

Are we in the same country or what.

 

Can any replies please actually be in English and not some form of semi-text speak jargon.

 

Remember, these abbreviations are ONLY clear if someone knows that they actually mean.

 

Sorry but not a helpful post in the least.

Link to post
Share on other sites

Hi Sparks,

 

Thanks for that. What a nonsense. Why can people not just type? It is not difficult.

 

Anyway the information is wrong.

 

Can we please note: The tenancy was started in October 1997.

 

The Deposit Protection Scheme legislation is for any tenancy that started after, not before, 06 April 2007 and this is of no relevance to this matter.

 

As for "OP" - really? are we that lazy that we need to TLA everything? "Three Letter Acronym"

 

The standard of writing skills is so very poor these days and it actually serves to confuse, not assist people. In the medical world we do use abbreviations but only those that are known to the medical profession and we never use ones where they can be mis-interpreted such as MS or MS ! (Mitral Stenosis - a tightening of a valve in the heart and Multiple Sclerosis). As you can see, abbreviations are only useful when people reading the text know what they are meant to mean. They are unhelpful at best most of the time.

 

Going forward and to get back on topic. The situation is about insisting a cash refund for a deposit where the landlord (see not difficult to type) wants to make a bank transfer but I shall be 410 miles away from the old location and thus not able to simply meet to discuss the issues.

 

So can we focus on a pre-2007 tenancy that does not fall under the tenancy deposit schemes and the legality of a landlord being able to chose how to refund. I would have thought that the recipient is the one who determines what payments are acceptable to that person. You cannot go into a shop and say you want to pay by cheque or bank transfer - you have to pay by the means they accept.

 

Thanks everyone.

 

Doc

Link to post
Share on other sites

Hey Sparks, I totally agree with that. It is just insane.

As the OP on TCG sub RG&S sub n-RS subform we agree that Oct 97 was before the DPS as per CAG post. The TT or was it the LL not sure the TLA related to the AST was OOO. I dont want a BACS or BGC to my PBA for the DP in the AST as I pref UKGBP cash. A BD may help but needs drawn in advance. I wonder?

 

GMV

 

Doc

Link to post
Share on other sites

Hey Sparks, I totally agree with that. It is just insane.

As the OP on TCG sub RG&S sub n-RS subform we agree that Oct 97 was before the DPS as per CAG post. The TT or was it the LL not sure the TLA related to the AST was OOO. I dont want a BACS or BGC to my PBA for the DP in the AST as I pref UKGBP cash. A BD may help but needs drawn in advance. I wonder?

 

GMV

 

Doc

 

Oh come on, play nice it is Sunday you know :lol:

Link to post
Share on other sites

It really is insane. Hope That Helps - see an abbreviation that clearly did not help.

 

Maybe we should start a thread on the massive over-use of abbreviations on this site?

 

Or in general? The Bear garden is the section to do this :)

Link to post
Share on other sites

I just have to say that despite his abbreviations Mariner usually gives sound advice and to be rude to people trying to help really isn't polite.

 

Whilst your deposit was taken pre 1997, the Localism Act captures all existing tenancies in place on 5th April 2012 - so if you're only just about to leave your tenancy, the deposit should have been protected in a scheme, though in my experience thus far, judges are extremely reluctant to find against a LL with such an old tenancy on his hands in relation to non-protection.

 

You can ask for your deposit back in cash, but you cannot demand it in cash. The suggestion for a bankers draft was a good one - or alternatively you could insist on a 2 hour transfer into your bank account (most banks do this now), and simply delay your trip to your new house by a 2 hour lunch/dinner/coffee break whilst you wait to check the money has gone in.

 

If you've been in the property for that long, the inspection may throw up issues your LL will want to withhold some of the deposit for, and any amount that is in dispute won't be paid over immediately anyway, particularly since that leaves the LL with only one option to get any damages paid for: court.

 

LL = Landlord

Link to post
Share on other sites

Thank you for your support Lea.

Guilty of using acronyms and abbreviations to save bytes. Most would be evident to any newcomer that had spent some time reading various posts. LandlordZone residential lettings forum does supply a sticky of most re lacronyms

I use

LL to denote landlord or landlady as many OPs are nit gender specific

OP = original poster or first (original) post #1 in thread

T =tenancy ( or poss legally defined Tenant)

TTs =named or presumed tenants

 

If there is an acronym/abbreviation you do not understand, a polite request often elicits a suggestion from a more experienced contributor

 

AFAIK I(as far as I know) as yet there is no binding legal precedent fort Localism Act to apply to continuing ASTs signed before Oct 2007

Express bank transfers do not guarantee transfer within 2 hrs, this is a min rec timing depending on time of transfer, it could be credited next working

day.

MCOL claims can be filed from any UK address if LL defaults on deposit repayment. Do you want explanation of MCOL?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...