Letting Agent not protected tenants deposits (M&W Lettings)

[agencynightmare]

The issue is that the system needs to be changed to prevent people with a conviction from being involved in businesses where they handle client money. The financial services industry is heavily regulated and the Financial Conduct Authority has to approve individuals working in the industry, including company directors as being 'fit and proper'. They also regulate the way businesses are run.

 

A person with a conviction for benefit fraud would be barred from the financial services industry probably for life. Similar standards should be applied to letting agents. A fraudster will always take advantage if the system allows them the opportunity so change the system. I have written to my local MP about my experiences in this case and perhaps other should do something similar. It might also be worth alerting the national press to the story.

 

Can't agree more. I cannot think of another industry that would be allowed to take large sums of cash from people with no regulation. It's pretty crazy I think. And the government introduced the deposit scheme to protect tenants, which I whole heartedly agree with, but what about the landlords who get in with crook agents? It's not fair and can't be right.

[agencynightmare]

I can't see that working if that is why they've done it - Jon is still a director, company secretary and equal shareholder in M&W property consultants ltd, and a designated partner in the LLP.

 

But the My Deposits scheme was set up in M&W Residential Lettings, which isn't actually a registered business. As it happens, this could be helpful as both of their individual names are on that contract which means, as told by My Deposits, any action to reclaim money is not limited to the limited companies, so you can go after their personal assets. It seems, from previous posts from people who are not interested as landlords or tenants, this could be helpful. But as LS has so many charges on her property, JC is going to be the one to go after. And his name is registered with My Deposits as Trading As.

[agencynightmare]

This has been alluded to, not sure why it's not been posted as it is in the public domain. The is what we are dealing with:

 

http://www.sevenoakschronicle.co.uk/Sevenoaks-pupil-exposed-28k-benefits-cheat/story-22852632-detail/story.html

 

And the single mom thing, kids are all in expensive private schools, so don't buy it.

[clemo1972]

Its a shame that everyone decided to remain hidden behind this website. Rather than silly emails in the late hours (nothing else to do) why don't you call instead. We will be happy to share all the good news etc. Can anyone confirm that their deposit is actually unregistered? I think you will all find they are covered until the middle of next month by this time all the deposits will be re-registered.

Edited September 11, 2014 by Andyorch
Final paragraph removed

[citizenB]

clemo, your original post was edited, your 2nd removed totally. Please do not attempt to post that comment again or I am afraid your account will be moderated.

[ericsbrother]

You will find that there are 3 x companies with similar names run by the same people so there may be a bit of confusion as to who you are dealing with. I'm sure that any confusion is easily cleared up by getting the dates the depoits were secured and the exact name of the company that registered them. It is easy to say that all of the deposits are registered but is that only possible to say now or has it always been the case and the people complaining here were just confused about which of the M&W lettings Co's was busy ensuring compliance whist the others were apparrently doing nothing of the sort?

[clemo1972]

Then they should cal the office rather than hide behind an anonymity

[agencynightmare]

Read the comments on this thread, no answering or returning of calls, ditto emails. You won't even accept recorded delivery post! When people are made to feel so desperate, they will seek solace in finding people going through the same thing. Hence this thread of people all with a similar tale to tell.

[raydetinu]

This is NOT a Social Media site, and as such we are here to help people with problems and advise where we can.

Any response should be helpful to the OP and try and resolve any problems in a positive way.

If as in this case, MW can answer the questions/accusations with some sort of proof or action then that would be helpful to all.

A lot of tenants and indeed LL are concerned that lawful requirements/procedures have not been followed.

I suggest that it would be easy to provide proof of deposit protection or just return the deposits to the tenants.

That may dis-suede some tenants from taking further action against LL?

[agencynightmare]

Thank you raydetinu. People came here because of my post above. The agency will not even accept recorded delivery emails.

 

Your post is very relevant to tenants, which is 50% of the concerned parties here. Any tenant who paid a deposit to M&W up until the 25th July will have their money protected until mid October.

 

Any monies paid to M&W after the 25th July, and as of today, until around the 25th August, as we don't have proof to the contrary, is now illegally held by M&W, because, and please correct me if I'm wrong, any agent or landlord legally has 30 days to secure money with a deposit scheme.

 

With regards to LL's, if M&W only used My Deposits, LL's are not protected in any way from what I can make out, is this correct? The liability for the tenants deposit sits with the LL to ensure the agency is holding the money in a client account, not accruing interest.

 

In the light of M&W not answering this question, is there any way of ensuring this has been done?

 

I have to say, all in all, My Deposit seems to be a set up ideal for rakateers, seems there is no belt and braces check on what actually happens to the money. Again, anyone please correct me if this is not the case. I'm trying to learn this all on the fly here.

[stu007]

Hi

 

Ultimately the Landlord is responsible and accountable for the Deposit whether they are using the services of an agency or not.

 

Ref My Deposit have a read of post #109

 

Also the Landlord would need to check the contract they have in place with the agency as to what that states about the services the agency will provide and desposits.

[raydetinu]

At the end of the day; there is no regulation of Agents, however they can belong to some registered schemes and can take out PI insurance to cover some aspects.

So it is up to the LL to check the soundness of their agents and be satisfied all is well, and as said check the contracts.

If Deposits are not protected as required by the regulations - Tenants can sue LL's and I would imagine if LL has given this responsibility to their Agents? then they can sue the Agent for negligence, duty of care, breach of contract. ( this is where the Agent disappears! ).

[raydetinu]

Any movement or action on this?

[bentilley]

We finally got our deposit back after the LL's agents went to M&W's office, and photographed themselves handing a letter to LS (this was, apparently, an invasion of her privacy).

 

Nothing ever came of the defamation suit that was supposed to have been started against us, but LS did tell us via email that:

 

"by doing what you have done my Children have and will be affected by your action. They read all your comments and were heartbroken that people could be so evil and nasty"

[raydetinu]

They really cant blame anybody but themselves for the consequences of their actions.

Glad to see you got the deposits back.

 

 

There is a case in Camborne at the moment where an EA kept deposits and did not protect them; the Police prosecuted him for fraud and he got 21 months ( Tim Glasson ).

http://www.westbriton.co.uk/Dodgy-Camborne-estate-agent-Tim-Glasson-jailed/story-23177509-detail/story.html

 

 

Perhaps the Police should be taking action in this case!

[ericsbrother]

How were her childeren affected? Do they work in the office instead of going to school?

Pah.

[agencynightmare]

@ raydetinu Do you know what the trigger was for the police getting interested in the Cambourne case?

 

@ ericsbrother and raydetinu, I understand some of the children were dragged to court in the fraud case and sat there waiting to see if their mother was sent down. A play of the judge sending a mother down. I can't think of any more damage you could do to a child. Anything written on this forum is true and actions were directly done by said "Victim". The posts about people hiding behind this forum instead of them contacting M&W directly are a joke, when they have, they've been abused and screamed at, when photographic evidence has been taken, it's an "invasion of privacy". But robbing people seems to be okay. Hmmmm...

[raydetinu]

Hi,

I think it was just a straight forward case of Fraud and theft of deposit and rent monies. ( i.e. money given to him for those purposes he spent on other things ).

Judge should not have let children be present in court unless they were relevant; witnesses etc. Mother should have known better as well!

[mariner51]

Not sure which case ray refers to. Tim Glasson or MW?

If Court did not order children to attend and they were of acceptable age, then they are members of the Public, with every right to attend the hearing, without permission. More children above legal age of consent should attend & sit in the public gallery IMO.

[billybobynumeroduo]

Funnily enough I got in touch with the Courier following my 'incident' with M&W in 2013 and the Courier were not interested!

 

To all the people who messaged me asking for help/advice regarding M&W I am really sorry for not getting back to you sooner.

 

I genuinely thought the messages were coming from M&W using aliases trying to get back at me.

 

Wow who knew they had duped so many people, I have only just seen this thread by accident.

 

I really had a tough time getting my deposit back from M&W, it was only after solicitors were instructed that M&W caved in!

 

Lucy left me a charming 'somewhat drunken??' voicemail message a while ago making some threats....lovely....I may have to post that up on here.

 

Well I am glad this has all come to light and I sincerely hope people get back what is rightfully theirs.

 

Marilyn Monroe, how did those quotes start getting thrown about????

[slick132]

Hi BBND,

 

It would be better not to posts details of the voicemail message here, thanks.

 

We need to keep this thread as free from controversy and defamation as we can.

 

[billybobynumeroduo]

Hi BBND,

 

It would be better not to posts details of the voicemail message here, thanks.

 

We need to keep this thread as free from controversy and defamation as we can.

 

 

sure if you insist, but there would be no defamation involved as it would be the party who made the remarks firsthand!

[billybobynumeroduo]

Controversial potentially....

[raydetinu]

yes, we do not want actual personal insults or details, the general gist is enough.

As said before this is NOT a Social Media site!

[agencynightmare]

@ billybobynumeroduo What a shame the Courier weren't interested, just think how many people would have been saved the nightmare they have gone through. Have you been in touch with them since seeing this thread again? The problem is, this whole con has been orchestrated out of very nice offices, by a charming blond (who only let's true colours be shown when confronted). Typical con type stuff. Even the story in the Courier about the conviction was strange. The version in the Paddock Wood edition was much tamer then the version in the Sevenoaks edition, same Reporter. Bit weird. The press have an important part to play in awareness, but they have failed in this instance. And of course, if you read back over the earlier posts in this threads, M&W were booted off from My Deposits in July. It is unlikely they meet the criteria of the other two schemes. So either, their website lies about the properties they have rented out in the last few weeks, or they are potentially holding deposits illegally with no protection. Can't really understand how they getting away with this.

 

To be honest, seeing how easy it is, why don't we all give up our day jobs and set up unregulated lettings agencies. Seems it's money for old rope and you can just walk away with what you like.

 

Additionally, there was a white van outside their PW offices yesterday, it's all gone now. A runner me thinks.