How to make L's Agent release T's deposit?

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    #16
    Please post back and let us know what happens.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #17
      I will be sure to do so.

      Thanks so much for the prompt and much needed advice!

      I guess I'm just a bit nervous about heading to a dispute and losing - I'll be mightily embarrassed by the whole thing!

      I guess I'm just going to have to hope that this non-existent inventories form goes in my favour. My concern is losing due to the house being newly finished prior to our move in and the possibility for them to have decoration receipts to prove so.

      Thanks again! :-)

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        #18
        given that they havent got any of the information they need to make a legimate claim (even with a receipt for the "new carpet" they cant prove that it happened after you moved in ie carpet fitter could have had a sneaky ciggy or left his glue gun on the carpet) I dont think it will take them too long to come up with a decision

        Good Luck

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          #19
          Originally posted by Sedgwick65 View Post

          I guess I'm just a bit nervous about heading to a dispute and losing - I'll be mightily embarrassed by the whole thing!
          No need. It's not like being put in the village stocks or anything. You won't even need to appear before a hearing or anything - you just submit your claim ('I claim my deposit back in full and I dispute any claim my LL makes for damages') and LL submits his, plus evidence if he has any - which he hasn't - (the onus is on him to prove you caused any damage) and the arbitrator decides.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #20
            Ha! that's what we said too - i've already said that no-one smoked in that room and that it was used for storage.

            I think that it shows negligence on their behalf that i have repeatedly asked for a breakdown of costs, inventories and for photographs of before we moved in and after we moved out. If they miraculously come up with these to send to the DPS, will they still count even if we have never seen or been issued them?

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              #21
              Originally posted by Sedgwick65 View Post
              Ha! that's what we said too - i've already said that no-one smoked in that room and that it was used for storage.

              I think that it shows negligence on their behalf that i have repeatedly asked for a breakdown of costs, inventories and for photographs of before we moved in and after we moved out. If they miraculously come up with these to send to the DPS, will they still count even if we have never seen or been issued them?
              He cannot fabricate a check-in inventory agreed and signed by you, can he? Anything else is pretty worthless as 'evidence' of the state of the place when you moved in, really.

              Make sure you say that there was none, in your submission, and include printouts of all emails.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #22
                Sorry to rake this all up again, but I'm in need of some further reassurance.

                My situation is still ongoing, the agency appear to be stalling for time, but now they have recruited their 'Regulatory Affairs and Procedures Manager' who is apparently going to e-mail me as I have asked for the decided figure for dispute so i can notify the DPS and get it underway. I'm not quite sure of what he is likely to say on the matter.

                As i have mentioned, we don't and never had an inventory, but as we were the first tenants into a newly renovated and decorated house, where does this leave us in terms of winning the dispute? What I'm getting at, is how much will invoices and receipts for the work prior to our move in and photographs of before and after count?

                Thanks....

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                  #23
                  Originally posted by Sedgwick65 View Post
                  What I'm getting at, is how much will invoices and receipts for the work prior to our move in and photographs of before and after count?
                  Difficult to predict, but almost certainly less than a properly conducted and agreed inventory.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    #24
                    Hmmm....

                    They still haven't been able to produce a broken down list of costs or any photographs that I have asked to see.

                    It's been going on for so long now that I just want an end to it, but I really don't want to be ripped off. They still seem hesitant to allow me to push the dispute to the DPS which makes me think they have a weak case.

                    I just don't want to enter into something without fully knowing what my chances of success are.

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                      #25
                      Originally posted by Sedgwick65 View Post
                      Hmmm....

                      They still haven't been able to produce a broken down list of costs or any photographs that I have asked to see.

                      It's been going on for so long now that I just want an end to it, but I really don't want to be ripped off. They still seem hesitant to allow me to push the dispute to the DPS which makes me think they have a weak case.

                      I just don't want to enter into something without fully knowing what my chances of success are.
                      But it seems to me you have very little to lose and everything to gain. Your deposit, for a start! The the dispute resolution service is free, after all.

                      What alternative did you have in mind?
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        #26
                        The plot thickens....

                        Hi there,

                        today I have received an e-mail from the 'regulatory and affairs manager' at my agency. It seems his attempt was to put me off the idea of raising a dispute, and has suggested we settle on £350. Not going to happen.

                        Futhermore, he has suggested that the agency take this to the small claims court, as opposed to the DPS arbitration service. I think it's because he knows they can't win it.

                        Can this be done, that it goes straight to small claims. I want to use the DPS as it's free and (fairly) anonymous.

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