M51, reydetinu, others please read my comment about verbal agreement again. I stated: there was no verbal agreement that if I fail to take flat I'd lose paid deposit. Of course there was verbal agreement about me indicating interest to rent. The fact is that deposit I paid was not holding deposit. Holding deposit is not normally equals to a month's rent. LL shouldn't withhold whole amount paid that's unfair; The Judge will take fairness into consideration, I've read that maximum that will be awarded to LL is 2 weeks rent that's if LL wins. What loses did LL incur on empty flat advertised free on Gumtree. I was open to negotiate so that LL can deduct some percentage as a gesture of goodwill but LL doesn't care to reply, so I'm now prepared to sue after 2 weeks.

there's no verbal agreement about holding deposit if I didn't take the flat

@ Steve_M In my case there was no written statement about 'holding deposit' let alone the clause that it will not be returned if I withdrew. There is absolutely no agreement in fact there was no receipt or written confirmation of move in date.

Thanks for your reply stu007. I've a printscreen copy of gumtree advertisement; he stated therein that tenant will pay 1 month rent and 1 month deposit. Rent is £400 and Deposit is £400. I've never met the landlord in person, everything was done via telephone and e-mail. I paid £400 via internet banking transfer which I referenced as rent deposit. Landlord never mentioned holding deposit in all conversation and email correspondences we had. As I haven't met the landlord or saw this property, I never signed any contract or lease agreement, and certainly didn't sign holding deposit agreement; I didn't even know that there are 2 types of deposit until today, In fact I just googled it! However we agreed verbally that I'll sign lease upon taking possession of flat. The property is located in England whilst I live in Scotland; I see you also live in Scotland as well. If I eventually sue this landlord, can I raise the claim in Scottish court.

Honourable Caggers, Please I need help to recover rent deposit I paid on 01/02/14 to prospective landlord. Details: My partner and I planned to relocate to a new city, so I saw flat to let advert on gumtree when I visited my friend who lives in the city we intend moving to, I rang landlord to view flat but his dates for viewings weren't convenient to my schedules, so we arranged that my friend viewed this flat on my behalf. After viewing my friend said it was okay, so I paid deposit on said date; hoping/wishing to sign lease and pay rent when I move in at later date to be agreed. Said landlord to be sent me pictures of this flat on 10/02/14, upon seeing pictures we decided against leasing said flat because kitchen and bathroom/toilet were too small. I wrote flat owner on 19/02/14 stating politely that I'd be going ahead and that need deposit refunded. Landlord replied he won't be refunding deposit that he turned away about 10 other possible tenants. Is he legally right to keep deposit money based on what he said and considering other circumstances narated in the foregoing. Any advice, hints or suggestions will be highly appreciated. Many thanks and high regards!

I have all documents but none mentioned cancellation of booking: do you think this will let down my case?

Hi Andydd, thanks for you reply. I put my wife belongings inside the car by myself after I bought car from seller. It's cost saving measure for us. Shipping company and ports authority allow this so far as it's personal stuffs, but they must inspect the stuff before booking, to ensure it's legal, and not items banned for sea export.

I contacted a freight forwarding agent(FFA) to ship a car oversea. But on booking the car at Port, I noticed car is not road worthy, I bought said car in the evening so I didn't observe its true condition. So next day after booking I ring seller requesting for full refund, he accepted. I then ring FFA to cancel booking, he hesitated, I then ring shipping company, Grimaldi directly they said I could cancel it as my request is early and ship will depart in about 12 days. I ring back FFA and insisted he said ok but did nothing. After a couple of days I rang FFA repeatedly he neither answered nor return my calls. The following week I rang his office tel, he answered and said my cargo was mistakenly shipped by Grimaldi, which was all lies. When I refuse to pay shipping cost, company withheld Bill of lading so that I risk losing my wife belongings inside the booth of the car; my wife complained, so I was compelled to pay for shipping a car I didn't like/want; pay clearing cost at the other end, demurrage, etc amounting to about £2000. And on top of that the car would need so much work done such as new dashboard, tyres, gearbox, handbrake repaired, body work, paints, etc which will cost me a fortune! I have sent text messages, emails and 3 letters to this company but no reply. I will appreciate with thanks any advice or suggestion.

Hi MissyNA and all, I contacted Halifax via telephone to request for refund. They said the money received from the University was used to reduce the balance (debt) on closed credit card account. I asked why I wasn't informed upon receipt of said payment and their decision to withhold money/ use money to 'set off' debt , they said if I want they can send me statement. As I insisted on being refunded Halifax staff said I should contact the DCA to see if they'd refund. The truth is: -since they wrote me that account is closed and transferred to DCA on May 2013, they stop sending me statement. -the payment from uni was July 2013, and neither the DCA nor Halifax wrote me to acknowledge receipt of money from uni and advise of new balance less £200 paid back into my credit card by the uni. Any further suggestion would be appreciated, many thanks.

This is very helpful MissyNA

Thanks Dx, but what exactly is section 75 refund? thanks dx, please give me details of section 75 refund?

Yes, the money has been sent to "recipient bank2 but not to me, as the account I hold with said bank has been closed; I do not receive any statement and the outstanding balance has also been transferred to DCA, who I now pay offered payment directly to. I'm wondering? 1. If I call the bank, which account number will I be talking about....A SUSPENCE ACCOUNT! My thinking is that since they paid the money to the bank and it's in suspense, they can also talk about payment which didn't entered into the beneficiary account they intended. Noting also that the doesn't belong to me but a friend who doesn't have a UK Bank account at the time. If the bank refuses to talk to the university for an account which I hold that is not closed then I'd understand. 2. The bank hasn't notified me that they're holding any money sent to me by the university, so how am I sure they made payment to the bank. Assuming they made payment to the bank, my question is, does the bank has the power to withhold said money given that I've not missed offered monthly payment I promised after also sending them my budget sheet, etc?

From: Uni To: me Subject: RE: Online Refund made by Uni Dear..... I have now spoken to our Finance Clerk, and have also called Halifax. As I suspected, Halifax will only deal directly with the account holder, and would not release any information to me. Our Finance Clerk has advised me that you need to call Halifax, and ask them if there is a payment in a suspense account which relates to the account which was closed. Please be advised that you will need the details of the closed account in order to be able to do this. Halifax should then be able to locate the money, and release it to you. Our Finance Clerk has also promised to keep looking into your case, but since the money has left our account and has not been returned to us, there is very little else that we are able to do. I can only apologise again that this is taking so long to resolve, and offer my continued support if there is anything else that I can do. Please let me know the outcome when you have contacted Halifax, so that I can report back to our Finance Clerk. Please do contact us if you have any further queries. From: me To: uni I can confirm that we've not received said deposit back. My friend doesn't have UK bank account at the moment, so if any refund is made it would be into my UK bank account, then I'd in turn give the money to my friend. My friend and I have been waiting for this refund to be made into the bank account I stated in the deposit refund form submitted to yourself. I reiterate that the Account in which you refunded this deposit into have long been closed, and I don't know why it didn't bounced back to yourselves. However, I suggest that you contact the bank concern to return this money to yourselves so that my friend would have his money back as it's long overdue. From: uni To: me I am writing to enquire as to whether you or your friend have received his deposit refund yet. Since it has been over a month since we refunded the deposit, and it has not yet bounced back to us, I can only assume that it is in a holding account at the bank with which you held an account, or that it has been successfully refunded. Please contact me to let me know if you have still not received the funds, and I will look into the situation further. From: Me To: uni .....I don't understand the rationale behind waiting for payment to be returned or rejected, when you could easily stop or cancel payment and reimburse me. Given that it's over a year when I paid this deposit, I'd have appreciated it if I had been given any kind of notice before the refund was made, that would've prevented this incorrect payment issues. From: uni To: me .....Unfortunately, we have already sent the payment, and will therefore have to wait until it is rejected before we can pay it again, which can take up to 10 days. However, if you fill in and return the attached form, then once it has been rejected we will then make the payment to your new account. Please accept my apologies for any inconvenience caused. From: me To: uni With reference to your mail below. I regret to notify your Uni department which made this refund that the credit card account I used in paying accommodation deposit was closed months ago; as such I'm not able to receive or confirm receipt of this refund. To ensure that I receive this refund on behalf of my friend, may I therefore request you to please stop, cancel or retrieve this refund so that I'd provide you with alternative UK Current Bank Account or Debit Card for said refund. I'm also able to receive this refund via my paypal account or a cheque. From: uni To: me I am pleased to confirm that a refund of x amount has been made to your card. This refund is in relation to reference:#########. Please Note: It may take 3-5 working days for the refund to show in your bank account. thanks for your replies migster, steampowered and ericsbrother: I've just posted the mails trail between said university and myself, to provide details. The university staff said the bank told her that the money is in suspense account. The fact is that the Bank (creditor) closed this credit card account and ask me to return their card which I did; they closed the account because I couldn't maintain the monthly repayment due to financial hardship, I offered the Bank what I'm able to pay (which they're not happy with but, I'm paying just that per month, at the moment). Yes, the credit card account was definitely closed, card cut into two and sent back to the bank.

Thanks HB

Ladies/Gentlemen Last year I paid £200 refundable hostel accomodation deposit (from credit card) for a friend coming to UK for studies, of which he had refunded me. I paid for him because Uni preferred payment from UK Bank Account holder. Problem: At end of academic yr the university said they paid back deposit into account used in making payment which is now closed. I asked university to cancel payment immediately they notified me of refundment but, they insisted that we wait for payment to bounced back to themselves. After about 1 month it hasn't bounced back. I've asked university to contact Bank for return of payment but, they said I'd be the one to call bank, that bank advised them that the money is kept in a holding/suspense account. I'd appreciate any advice/suggestions, Thanks. Please note that I'm a family man with wife and kids facing extreme financial difficulties, as such I'm unable to repay my friend.

Hi watchinginvestigation, I know this is an old but, may I please how it went if you did take everything everywhere to court? I am considering taking same (t-mobile) company to court if settlement fails. They are proposing £250 only without admission of liability. Dispute is: -They refuse to send me contract documents despite repeated requests, I cancelled direct debit and stop payment, they disable my line and barred my no from in/outcoming, send DCA against me. I got frustrated and referred case to CISAS for action

Specialists and other members in the forum, could you please reply me ASAP on these?....I am planning of to raise fresh claims against the landlord asap. The one I raised against agent had been dismissed with expenses against me for raising against the wrong person. I live in Scotland and need advise on the following: 1. Can I claim compensation for damages to personal belongings caused by condensation? Solicitor to agent said I can't because I don't have property insurance, please what isdoes the law said concerning this?? 2. Can I claim compensation for breach of tenancy agreement/lease and for violation of our human rights.....because landlord visited property in our absence without notice?ca 3. can I claim for refund of inventory recheck fees paid, although this is in the lease? Many thanks for your help.

thanks gerson...really good website indeed, made my day.

thanks bluedogx, rebel and citizenB. Called govan law centre but, they couldn't help because I don't live in glasgow area. However, govan website was really good....I'll now add premium charges I paid out to agents to the total amount I am claiming to recover from defenders. I'll try shelter? Don't know if they deal with unreturned deposit.

many thanks Bluedogx

Thanks gerson

@ Citizen B, Yes, I'm in Scotland. Please I'm going head to head against a consultant solicitor so I need advise, thoughts, ideas, hints, tips, ASAP. Any help will be highly appreciated. Thanks in anticipation guys.

solicitor response to court

Thanks Snorkerz for advise... heeded @ Mariner51, no inventory done or in place. Cheers all for your tips and hints, all much appreciated

defenders reply to court by her agent