The DPS won't accept Court Judgement, please help

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • The DPS won't accept Court Judgement, please help

    We would be very grateful for some advice. After a very long process of using Money Claim Online to withhold our tenant's deposit, the court has awarded in our favour. However, despite stating in the claim form and application notice, the requirement for the court order to refer to the deposit and DPS, it does not do so. The Money Claim Online administrators say that it is a standardised order and is produced electronically, therefore it can't be varied. The DPS say it isn't sufficient and we have been bouncing back and forward. We would rather not use the single claims process due to previous experience and we have already paid out for court fees so are very frustrated. If anyone can help with a way forward we would be very grateful.

  • #2
    Presumably you made no reference to deposit in your claim?
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

    Comment


    • #3
      Thanks for your quick reply, we referred to the deposit in the claim form and application notice as follows: 'The deposit is currently held by the Deposit Protection Service. We wish to withhold the defendant's deposit of £750 which is currently held by the DPS. We wish for the DPS to release £750 in full to me as per the terms of section 7 of the tenancy agreement. the DPS require the court order to include a reference to deposit and DPS scheme administator'.

      The administrators on the Money Claim Online helpline are adamant, however, that the judgement order is standardised and no-one can amend it, it is printed electronically. Hence we are not getting anywhere.

      Many thanks for your time, hope you can help us with this.

      Comment


      • #4
        This is one of the difficulties where (I assume) you obtained default judgment.

        You could try writing a letter to the court for it to be considered by a judge. If that does not work then you might have to make an application to vary the order. The downside is that this will incur a further fee of £40.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


        • #5
          Thank you Paul, we will try writing to the judge first. Thanks for your time.

          Comment


          • #6
            Do not be afraid of the single claim route - presumably the tenant is not going to object to the return, especially when you could enforce the debt now...
            Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

            I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

            Comment


            • #7
              Thanks for your message, unfortunately the tenant has tried to dispute repayment all along, despite owing several months' rent. Unfortunately our experience ofthe single claims (at another property) has led us to believe it favours the tenant.

              Comment


              • #8
                The DPS have since sent an email saying that they have unsuspended the deposit and on this occasion we can use the joint claim route (which we did in the first instance until our tenant disputed repayment). Could anyone please offer advice on whether we should do this or request it to be suspended and stick to the court route?

                Comment


                • #9
                  Is the order for an amount larger than the deposit?
                  Do you believe the ex-tenant has assets to cover the order?

                  Comment


                  • #10
                    Originally posted by Fiona1 View Post
                    The DPS have since sent an email saying that they have unsuspended the deposit and on this occasion we can use the joint claim route (which we did in the first instance until our tenant disputed repayment). Could anyone please offer advice on whether we should do this or request it to be suspended and stick to the court route?
                    If you mean that the DPS have said you can use the 'Joint Deposit Repayment' process, then presumably the T will dispute it again. And assuming he does, the choice is either ADR or the court, - and you already have a court order, so I can't really see the point.

                    Why not apply to vary the order? Or, if the T is working, you could go down the usual enforcement channels and apply for an attachment of earnings - you have an order, after all, and it doesn't matter whether that money comes from the deposit held by the DPS or direct from the debtor.

                    Comment


                    • #11
                      I stopped using moneyclaim online years ago. Dealing with the Northampton admin centre was like hitting your head against a brick wall.

                      I now just take them into the local county court and they check the documents for me before processing them. If there are any hiccups along the way they sort them out for me with no fuss.

                      Costs a small amount more but the time and hassle it saves are well worth it!
                      I also post as Chessy when sober

                      Comment


                      • #12
                        Thank you all again for the help, I seem to have been going round in circles! I've written to the court and will apply to vary the order if this isn't successful. I will also use the local county court if the need arises, thanks Chessy.

                        Comment

                        Latest Activity

                        Collapse

                        • NTQ during fixed term?
                          vpltd
                          Hi,
                          Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                          (A residential let in England.)
                          VPL.
                          11-08-2017, 14:53 PM
                        • Reply to NTQ during fixed term?
                          jjlandlord
                          You made a claim. You tell us.



                          It was claimed that a tenant may freely leave whenever he pleases once he has received a s.21notice. If that was indeed the case you can imagine the mess with all those precautionary notices.



                          It was already the case...
                          18-08-2017, 12:43 PM
                        • Reply to NTQ during fixed term?
                          Wright76
                          I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                          18-08-2017, 12:40 PM
                        • Lying tenant
                          mazco
                          We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                          In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                          18-08-2017, 12:03 PM
                        • Reply to Lying tenant
                          JK0
                          Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                          (Not that that ever happened. All I get left is broken Ikea tat.)
                          18-08-2017, 12:30 PM
                        • Reply to Lying tenant
                          jpkeates
                          The deposit doesn't limit what you can try and recover from the tenant.
                          It's simply a convention designed to make a simple claim easier.

                          You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                          That's the tenant's money.
                          18-08-2017, 12:27 PM
                        • Reply to Lying tenant
                          mazco
                          Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                          18-08-2017, 12:24 PM
                        • Reply to Lying tenant
                          jpkeates
                          And, of course, this....
                          18-08-2017, 12:22 PM
                        • Reply to Lying tenant
                          jpkeates
                          There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                          If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                          If they are in a rolling agreement and move out, you are liable.

                          If the tenancy...
                          18-08-2017, 12:21 PM
                        • Reply to Lying tenant
                          JK0
                          I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                          18-08-2017, 12:18 PM
                        Working...
                        X