Thanks Andy, I need to delve into this a little further to be clear on a few things.
For some reason, I seemed to think the strategy was to ask for mediation on the basis of not being able to make an informed decision (as they haven't submitted the docs I requested).
I also had the view that it was to direct to courts/process rather than communicate/agree directly with Moriarty.
My underlying issue is that I've previously explained my situation to ADCB & their reps, in that I've not worked & what little income I have is taken up by my DMP. I'd be open to discussion to a resolution but they've contradicted themselves several times (or at least their agents have) regarding things like freezing interest or setting up an agreement, instead they want a lump sum. It feels like I've gone in circles so I honestly don't know the best way forward - other than follow the process as you guys have helped with thus far.
I am happy to agree to a stay - if it gives a chance for progress.
Just coming back to this:
The tenancy was contractual - outside the housing act 88 - due to high value. Not AST.
The contract has a clause that states the Agent is part of TDS scheme. The TDS advise that in normal circumstances the Agent has 3 months to raise a dispute and pass the deposit over to the TDS for the next stage of mediation/ arbitration. However, the TDS state that in these circumstances the TA was of too large value and the deposit would not have been covered by their scheme. That is one query - how can the Agent add a clause saying they are part of the TDS scheme, whilst equally knowing, if there was an dispute, that the scheme doesn't cover the deposit and any dispute?
Secondly, the TA clauses state that the LL has apx 10 days to raise a dispute on any possible deductions to the T. The T has the next apx 21 days to discuss with LL and his Agent. Thereafter the Agent will fulfill their duties as deposit stakeholder and return the deposit in full or minus any deductions. That has not happened. It is actually almost 3y later. They are a huge well-known firm, but a local suburb branch.
The LL did some repairs to the property that were never agreed upon by the T or the Agent. A few thousand pounds worth. He then sold the property. In all this time LL has never requested that the Agent send him any funds from the deposit. To the contrary the T has chased the Agent - not often enough, but T wants the £s back and closure.
The Agent is simply sitting on the deposit and suggesting T goes to RICS for advice... Meanwhile they are sitting on almost 20k deposit - and the TA states the T isn't entitled to any interest!
Just wondering if a well-worded letter to head office will prompt the return of the deposit?
The TDS suggest lawyers. But want to avoid litigation
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