Deposit protection failure - County court claim

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    Deposit protection failure - County court claim

    Hi all,

    If you have read my earlier posts you would know that I have a strong case with my depsit having been repetadly become unprotected during one and the same tenancy. However, I have an issue with who to file a claim against, the original LL (who still holds the deposit) or the LPA Receiver (who I pay rent to and are de facto my new LL with all the related obligations).

    Anyhow, leaving that aside, I would be really interested in hearing about any experience, and other relevant and solid info/advice, on how to go about and file a claim for return/protection of the deposit and the 3 times deposit compensation.

    Any common and material mistakes to avoid?

    Any advice on forms to use and how to file them and how to most effectively state the case and manage the process?

    Do I need a solicitor or barrister to do this or could I manage the whole process myself?

    My deposit is about 2,000 so I don't think this could be done as a "small claim", right?

    Any other pointers or comments that could help me to avoid any pitfalls or common misstakes?

    Much appreciated!

    #2
    Hi There,

    I took my LL to Court and was successful, I represented myself. The best place to go for help is the Consumer Forums, and go on the residential and lettings forum.

    Everything you need is there - very very helpful.

    Thank you!

    Comment


      #3
      Ok. That is great news. Congratulations.

      Did you log your county court claim online (as I've read on here some suggest, but other say isn't the right way to go) or did you log that Form N208?

      Comment


        #4
        I'm currently in the process of doing this. There's a lot of different opinions out there, but there has been guidance issued by the courts saying you should definitely use form N208. And when you submit evidence, attach this guidance (it's on the internet somewhere, I can't find the link now) to make the judge's life easier...

        First mistake I made: I submitted the claim between myself and the landlady. I should have done it between all the tenants (joint AST) and the landlady and her husband, as they both signed the contract. I had to submit an amendment to the claim, which delays the whole process. So get it right first time. And remember to attach some kind of written consent from any other tenants stating you can be the sole recipient of correspondence from the courts etc.

        These should in theory be very straight forward cases, so you just need evidence like a) the contract b) proof that a deposit was paid c) proof that it has not been protected or that the landlord has not provided you with details. In most cases I assume this would be correspondence between yourself and deposit protection agencies confirming that they don't have your deposit. In my case, it was a lot easier - the landlady did not provide details of a scheme despite being asked several times, and actually admitted verbally to me that she doesn't use the scheme as our tenancy was too short (wrong, and has been wrong for about 12 years...).

        Hope that helps.

        Comment


          #5
          Excellent. Congratulations to you too. Did you log your claim while you were still in the flat or once you moved out/after the tenancy had ended?

          What costs did you incur through the process and did the judge order you landlord(s) to compensate that also?

          Comment


            #6
            I made the claim six weeks after moving out, after strenuous efforts to get the deposit back and get details of her DPS. I think there's been an example of a case thrown out because the claimant wasn't the "tenant" at the time of making the claim, but it's up for debate. Even if the judge says we're not entitled to the compensation, we would still be entitled to our original deposit back - that's all I really care about, I'm not making a vindictive claim! Will let you know what the outcome is, it should be over the next few months or so.

            Our deposit was £1600, which means we were claiming for £6,400. So court costs were £225, plus £40 to make the amendment. When you fill out the form, there's a box to put your costs and they are automatically added on to any money you are awarded from the defendant.

            Comment


              #7
              Re:

              Hi,

              My case was recently thrown out because I had made the claim after my tenancy had ended. As international students we did not know about the DPS. We only found out afterwards when we were trying to get our deposit back. They took 1123 GBP from our 6,500 deposit.

              Is there any recourse?

              Comment


                #8
                Originally posted by fredhash View Post
                Hi,

                My case was recently thrown out because I had made the claim after my tenancy had ended. As international students we did not know about the DPS. We only found out afterwards when we were trying to get our deposit back. They took 1123 GBP from our 6,500 deposit.

                Is there any recourse?
                Make a claim for return of the deposit only, i.e. for £1,123.

                Comment

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