Deposit Protection Service ! Why is it so hard for me to get the deposit from them??

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  • Deposit Protection Service ! Why is it so hard for me to get the deposit from them??

    Hi all, hoping someone may have some experience with dealing with the DPS.

    Situation:-

    A while back when getting the possession order I also got a CCJ on tenant for several thousand pounds of unpaid rent.

    Tenant has now been evicted, left no address, changed phone number, I have no way of contacting her.

    I requested the deposit back online using the DPS website, now it's just under a month and still no reply from tenant.

    Phoned the DPS today, to find out if I could start the single claim and what it entails.

    I explained to them that I had a CCJ for rent arrears several times the amount of the deposit and that was what I would be claiming the deposit back for. Much to my surprise I was told that I couldn't do that, and that the only way I could claim through the single claim process was if it was for damages on the property, unless I get the:-

    "Court order amended to state that the deposit should go towards rent arrears"


    So my question is, how do I go about getting the:-

    "Court order amended to state that the deposit should go towards rent arrears"

    Has anyone had any experience with this situation and could they be so kind as to point me in right direction, what forms I need to fill in, roughly how much it will cost me to do this?


    Also, should add, I read this thread:-

    http://www.landlordzone.co.uk/forums...lease-from-DPS

    but it wasn't clear whether the advice given worked out in the end or not.


    Many thanks for taking the time to read this.

  • #2
    Go back to the court and ask them to make an order for the release of the deposit to you. DPS have to follow strict rules, they cannot make things up to suit you.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


    • #3
      Originally posted by jta View Post
      Go back to the court and ask them to make an order for the release of the deposit to you. DPS have to follow strict rules, they cannot make things up to suit you.
      No, but they will make up rules to suit themselves ;-)
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


      • #4
        Originally posted by jta View Post
        Go back to the court and ask them to make an order for the release of the deposit to you. DPS have to follow strict rules, they cannot make things up to suit you.

        Hi thanks for the response. When you say "Go back to the court and ask them to make an order for the release of the deposit to you." could you clarify a bit further? This tenancy was my first (and probably last!) attempt at being a landlord, and I really have little experience in legal proceedings etc.

        Are you suggesting I physically go to the court in person and ask for it to be amended or is there a form I need to fill in requesting the court order be amended?

        Can I do either of the above if I don't have the tenant's contact details?

        Comment


        • #5
          The DPS may have the T's contact details. It is the T's repsonsibility to notify them of a contact address for use after the tenancy ends.

          If the T is not responding to the DPS (who will have tried to contact her),then your single claim will proceed uncontested once you have got the court to amend their judgement, as advised above.
          '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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          • #6
            Thanks for your response. Sorry if I'm being thick here, but how exactly do I go about getting the court order amended? Is the N244 form the correct one, or...? Do I just write to the court explaining the situation? I've been read dozens of thread and blogs this morning but haven't found out a verified way of getting the court order amended.

            Comment


            • #7
              Does your tenancy agreement state that you can use the deposit for rent arrears?
              I don't think this would make a difference in this case admittedly.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


              • #8
                Not exactly, but it does say that I can claim against the tenant for any breach of the terms of agreement by the tenant, one of which is paying the rent. It doesn't state it can be taken from the deposit though.

                Comment


                • #9
                  Go to the court that issued the order, show them the letter/email from the DPS and ask the clerk if they can help you to get the order amended

                  Judges can be notoriously fickle about this sort of thing, they usually take the legal view that the case was nothing to do with the DPS - which is correct - and the DPS should just use the legislation, not their own rules, to deal with the deposit. This doesn't help you unfortunately.

                  Its no consolation to you to know that you are not the only landlord to be hit with this.
                  My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                  Comment


                  • #10
                    Many thanks Oaktree for clarifying. I will give this a try and will post the outcome when it's done.

                    And yes, from all the forums and blogs I read today it seems this is quite a common issue for landlords, and sometimes in different scenarios, tenants.

                    Comment


                    • #11
                      Read this thread
                      http://www.landlordzone.co.uk/forums...lease-from-DPS

                      Comment


                      • #12
                        The 'correct' route is to complete N244 to request the order - but this involves a payment of £80 to HMCTS. If you can risk a delay, it is worth writing a letter to the court first asking for the order - different courts have different policies, so there is a risk you'll be told to submit the N244 + fee, but there is also a chance you'll get your order FoC.

                        Comment


                        • #13
                          Thanks all for taking the time to reply. I got this reply from the DPS regarding my query:-

                          "Please be advised that if an issue was dealt with in Court, this issue cannot also be dealt with by The DPS. I refer you to clause 29 (a) of our Terms and Conditions which state: If you obtain a Court Order against your Landlord or Tenant, The DPS will only release the Deposit if the Court Order specifically refers to the Deposit and/ or the scheme administrator holding the Deposit and includes a direction as to how much of the Deposit is to be paid to the successful claimant.

                          In order for the Deposit to be released, the Court Order must direct The DPS to release the Deposit to the Claimant/Defendant. The reason for this is that, in line with legislation, we must be satisfied that the deposit monies are to be released in accordance with the Order made. In the absence of a Court Order directing us to release the Deposit to the Claimant/Defendant, there is potential that the successful party receives payment from both the other party as directed in the Order and by The DPS by us releasing the deposit monies.

                          In view of the above, please can you arrange for your Court Order to be amended to include a clause that directs The DPS to release the deposit monies. Once this has been completed and received we will be able to make payment as directed by the Court. If it is not possible for the Order to be amended a Third Party Debt Order can be obtained.

                          If the Court will not amend the Order, or issue a Third Party Debt Order we will review the case again."


                          I'm going to go down to the court at the start of next year and see if I get lucky, if not I guess I'll have to try for the TPDO. I will post the outcome when it's dealt with.

                          Merry X-mas & happy new year!

                          Comment


                          • #14
                            Author answered own question
                            Last edited by klaing; 19-12-2012, 17:18 PM. Reason: Author answered own question

                            Comment


                            • #15
                              I am also having trouble with DPS, geared towards the tenants 100%, dont really want the landlords to get money due.
                              No wonder there's so many slum landlords!

                              Comment

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