DPS Issues

[Jerry.M]

After finally gaining possession of my property I decided to file a single claim with DPS in order to regain some of the many thousands I am owed. After waiting the prescribed 14 days after eviction I sent off the Statutory declaration and copy of judgement of arrears to show how much is owed. After a 2 week wait I received a letter stating that this can only be directed by the court and that I would need to have the judgement amended by the judge. I had originally asked the judge to specify this on the judgement but she stated this was not in her remit. I am understandably annoyed at this whole situation and will definitely not be using DPS in the future,
Sorry for the rant but could you advise me of how to get the judgement amended

Thanks in advance

[Snorkerz]

This is hardly the DPS' fault, they are merely following their remit - they can not release funds once court proceedings have been initiated unless they get a court order to tell them to. It's all in the t&cs.

Did you ask (in your particulars of claim) for an order that the DPS be ordered to release the deposit? If so then the problem seems to be with the judge.

Write to the court manager and ask him to ask the judge to amend the order.

[westminster]

I believe you may be able to use the third party debt order enforcement method against the DPS; it's usually used to 'freeze' money in a debtor's bank account, and whatever is in there at the time gets paid to the creditor, but I've heard it may also be used with the money held by the DPS.

See also http://www.guardian.co.uk/money/2010...force-judgment

[westminster]

This is hardly the DPS' fault, they are merely following their remit - they can not release funds once court proceedings have been initiated unless they get a court order to tell them to. It's all in the t&cs.

The DPS make their own rules, and I don't think there's anything to prevent them changing the rules to allow them to pay out if there's a court judgment against the T.

See also http://blog.painsmith.co.uk/2012/01/...e-the-options/

(which, BTW, seems to confirm that a third party debt order is an option in OP's circumstances).

[Jerry.M]

Thanks for the replies.

You are right Snorkerz I should have read the T&Cs but I naively thought a judgement for arrears from a district judge in a court of law should have been enough to release the deposit, particularly as the ex tenants will not have made any claim to it. As I stated I did ask the judge about this but she deemed it to be a separate issue.

Thanks for the link Westminster , this completely sums up my feelings towards this particular scheme.

I have now been back to the court office with a covering letter and relevant paperwork to see if the judgement can be amended to include the relevant clause. I live in hope.

You stated that I could use a third party debt order but I have already issued a request for attachment of earnings (more fees) on the ex tenants so this could start to get a little confusing and costly.

I wonder what happens to the deposit if it becomes impossible for either side to claim it. Hmmm. (different scheme this time round)