My ex landlord had not paid my deposit into a DPS

[anyIdea]

I'm still waiting for the confirmation from the court. The £150 was just deducted from my account last Friday.

 

You have got your deposit back, so what really matters now is how much you have paid (say the amount is a) and how much you are going to pay (say the amount is b).

If you stop now, you lose what you have paid (a);

but if you carry on, you may lose as well as win.

if you lose, you lose a+b.

if you win, you win 3X deposit + court fee-a-b;

 

If b is not significant, I would say carry on. Theoretically, as long as the chance of winning is greater than (b)/(3X deposit + court fee), it is always worth fighting (this is only theoretically).

And if you decide to carry on, the strategy should be:

keeping the cost minimal;

preparing well to maximise your chance of winning.

[help me kick his butt]

Thanks, once I got my head round what you are saying, I tend to agree.

I worry that Part 8 is not small claims track and if I lose I might get stuffed with the LA and LL's costs. If this is moved to a part7 do I still have this same problem.

Now the amount I am claiming is under 5 K could it not be moved to small claims?

[help me kick his butt]

Hi there all, Been to solicitor, he says i have a very good case and they have shot theirselves in the foot as i have all the paperwork I need. Phoned the court today as I want to get his changed to small claims court as then there are no other sides costs if I ws to lose.

My file has apparently been passed to the judge urgently this morning, Im not sure what that means, maybe the LA has asked for it to be struck out. My solicitor says that it wont be struck out as it is a statutory fine.

Let us Pray hahaha

Now I just need to wait for directions

[help me kick his butt]

however long that takes

Edited October 23, 2008 by help me kick his butt

[t_mac_yao]

Hi helpMeKickHisButt, I think i am in a very similar situation as you and now considering legal action.

 

This is what happened:

 

I signed a AST and paid deposit before 6 April, 2007, but signed another AST after that date when the first AST ends. Now I have moved out and spent the last two months waiting to get my deposit back.

 

I caused some damages to the property, and the LL is charging me over 800 for those damages. I feel really unfair and asked for the ADR, because the LL states in the new AST that my deposit is held under the DPS.

 

However, the LL told me that the deposit is not protected..... I just found that out recently. What should I do?? Should I proceed to small claim court? But I saw on this webiste that a case was lost because the tenant failed to ask the landlord to protect his / her deposit. "http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/149606-deposit-protection-total-waste.html"

 

could someone please give me some advice? especially MrShed?

[help me kick his butt]

Hi there, I am only telling you what I have learnt from this site, and am by no means an expert, but I can tell you the process that I have been through, step by step.

Firstly you must send your LL a LBA, ( letter before action), stating that you require your deposit back plus x3 fine. State the relevant act HA 2004 s214. Give your LL 14 days to return deposit or threaten court action.

 

Im not sure about dilapidations to the property and how much the LL can deduct, but he should have placed your deposit in a TDS and then the process of getting your deposit back would have been easier through the arbitration service that they provide.

 

Your best bet would be to wait for some advice from the "very knowledgable MrShed", he helped me through the first part of my claim.

 

Get your LBA off first then we can discuss the CPR part 8 claim form. xx

[MrShed]

I cant actually fault your advice HMKHB - spot on. The deposit should have been protected simple as.

[Just4Let]

Hi,

Just caught this one before I have to go make some gravy!! haha

 

t_mac_yao-

 

"tenant failed to ask the landlord to protect his / her deposit"

The onus is on the LL to protect the deposit and doesn't need to be 'asked' to do this. I too have read the other story you quoted but I don't think it'll be long before that decision is overturned.

 

Could I ask, what are your intentions of putting right the damage you caused that is infact if you have any?

[help me kick his butt]

Hey, im not bad for a beginner ay? hehehe

[callumsgran]

I cant actually fault your advice HMKHB - spot on. The deposit should have been protected simple as.

HMKHB is a very quick learner, quicker than me anyway!! lol

[help me kick his butt]

Thanks very much cg, im ever fearful of tredding on someone's toes, I see alot of newbies on here chucking around wrong advice, so I always try to be very careful to only say what I know. This bloody claim is getting like a full time job for me and Im so addicted to this site, my poor family have lost their mum to a computer

[MrShed]

HMKHB - I wouldnt worry!! If you get something wrong, it will be corrected...and we were all newbies here once. Even us seasoned posters get things wrong, and new members bring a surprising amount

 

and yes I can agree with the addiction to the site!!!!

[callumsgran]

Thanks very much cg, im ever fearful of tredding on someone's toes, I see alot of newbies on here chucking around wrong advice, so I always try to be very careful to only say what I know. This bloody claim is getting like a full time job for me and Im so addicted to this site, my poor family have lost their mum to a computer

Dont worry hun, we all get things wrong sometimes (dont we sheddy?;)lol) but theres always someone here to put things right

We're all here to learn, mistakes get made thats life!

 

Glad you mentioned being a mum, confirms to me that you are female lol

[MrShed]

dont we sheddy?;)lol

 

I'm sure I dont know what you mean

[help me kick his butt]

Laughing, when i joined CAG i put my name as HMKHB as I was so cheesed off that day. I hadnt realised how aggressive it sounded but could never find how to change my name. Besides, I do need help kicking the LL's butt hehe. sorry I'm making my thread into a chatroom now

I wonder if J4L has finished making his gravy

Edited October 26, 2008 by help me kick his butt

[callumsgran]

I'm sure I dont know what you mean

I'm sure you dont!!!! lol

Why is it men can never apologise to women who were right but will fall over themselves to apologise to another male of the species?

[callumsgran]

Laughing, when i joined CAG i put my name as HMKHB as I was so cheesed off that day. I hadnt realised how aggressive it sounded but could never find how to change my name. Besides, I do need help kicking the LL's butt hehe. sorry I'm making my thread into a chatrrom now

I wonder if J4L has finished making his gravy

LOL you cant actually change your name but if you contact a site team member they will do it for you if you still wish it to be changed

Personally i like it!

[help me kick his butt]

Thanks, and I like your likkle cat. Sheddy, ( if I may call you that) is probably thinking , bloody women having a nice little chat on here now lol

[MrShed]

I think that ALL the time - my better half makes sure of that!!!

[help me kick his butt]

Hi All, quick update. Just spoken to the court. Have been told that they have posted me and defendants an allocation questionaire. Not quite sure what this is for, guy on the phone did not offer much of an explanation. Any one know if this is now being taken of a Claim 8 because of this allocation questionaire.

Thanks as always

[Just4Let]

There, gravy all finished

 

Gotta explain, I posted on sunday here, had dinner, and when I returned to my beloved computer it had crashed and wasn't very well at all!!

 

I called my IT guy on Monday because even after being off overnight it hadn't corrected itself so it's been in PC Hospital for 3 days.

 

Only got it back yesterday evening with a new hard drive installed.

I've spent most of today (yesterday now) re entering all my bits & pieces and re installing all my programs.

 

Anyways, we're all back to normal now hopefully!!

 

I'd hate to think that anyone thinks it takes a MAN 4 days to make a little gravy!!

[help me kick his butt]

Well, i had wondered lol How on earth did you manage 3 days without CAG.

Do you ever sleep? x

[help me kick his butt]

Just received the allocation questionaire. Case has been moved to a Part 7. This Im not worried about but they want me to send £200. I thought that it was £35 with a form N150. It looks like the LA has been taken off the claim.

Alao says that I should try and settle this out of court, does anyone have any views on this?

[help me kick his butt]

Ok, LA is still on claim. However, after speaking with my solicitor, I have written to my LL's solicitor today and said I will settle for x2 deposit amount plus costs. I dont for one minute think that they will settle on this amount. But it shows the judge I am doing my best to settle, which apparantly goes down a treat. Will let you all know of the responce I get.x

[callumsgran]

Ok, LA is still on claim. However, after speaking with my solicitor, I have written to my LL's solicitor today and said I will settle for x2 deposit amount plus costs. I dont for one minute think that they will settle on this amount. But it shows the judge I am doing my best to settle, which apparantly goes down a treat. Will let you all know of the responce I get.x

Best of luck hun, i wish you'd stick out for all of it though