any legal eagles about ref rental deposits?
#1
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any legal eagles about ref rental deposits?
as per subject
anyone clued up on rental deposit schemes etc?
Essay Below...
3 years ago i rented my 1st property , originally displayed in martins lettings
i gave them the deposit and my 1st rent, and was told that they were just advertising the property and would send on the rent etc and details to the management agency.
as i was new to it all i didnt ask or see anything about the money going into a rental deposit scheme
a year anda bit later another management agency took over and i started paying them instead
and then the bank took over the property and i started paying a 3rd agency...
anyhow the bank eventually decided to kick me out and try and sell the property (they still havent since aug '10)
i go to get my deposit back and no one has it, no one wants anything to do with it
they all blame the 1st agency and say they have gone bust and would have taken my money with them....
ive set up a small claims court, but its been going a few months and the last letter from them said the balif couldnt find the gentlemen who was running the company :\
so do i have any options?
can i legally take Martins to court for the money for taking my deposit and not checking it was in a legal DPS ?
They refused to have any thing to do with it and said all they did was advertise the property
even though i paid them the deposit and 1st months rent..
currently im a grand at least out of pocket, plus about 500quid in small claims court fees :|
i'm not a few months into my 1st house purchase, so the money im owed would be really useful
anyhelp would be most appriecated
Cheers in advance
anyone clued up on rental deposit schemes etc?
Essay Below...
3 years ago i rented my 1st property , originally displayed in martins lettings
i gave them the deposit and my 1st rent, and was told that they were just advertising the property and would send on the rent etc and details to the management agency.
as i was new to it all i didnt ask or see anything about the money going into a rental deposit scheme
a year anda bit later another management agency took over and i started paying them instead
and then the bank took over the property and i started paying a 3rd agency...
anyhow the bank eventually decided to kick me out and try and sell the property (they still havent since aug '10)
i go to get my deposit back and no one has it, no one wants anything to do with it
they all blame the 1st agency and say they have gone bust and would have taken my money with them....
ive set up a small claims court, but its been going a few months and the last letter from them said the balif couldnt find the gentlemen who was running the company :\
so do i have any options?
can i legally take Martins to court for the money for taking my deposit and not checking it was in a legal DPS ?
They refused to have any thing to do with it and said all they did was advertise the property
even though i paid them the deposit and 1st months rent..
currently im a grand at least out of pocket, plus about 500quid in small claims court fees :|
i'm not a few months into my 1st house purchase, so the money im owed would be really useful
anyhelp would be most appriecated
Cheers in advance
#2
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Seems very complex to me and you will need expert help that i am not capable of.
On the above. If the 'gentleman' went bankrupt and declared your money on his paperwork and has since been discharged, (usually after a year) then the debt no longer exists as it has been 'discharged'. However in some more complicated cases or if the 'gentleman' is deemed to of committed certain offences it can be longer. The http://www.insolvency.gov.uk/ who deal with all bankruptcies should have record of him, you might try contacting them. Alternately if you have some of the/his details you can search the http://www.london-gazette.co.uk/ where all bankruptcies are declared.
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from what i was reading before i could do them for 4x the amount or something redic
but as the companys dead ;/
also amusingly, the two people who were the company are well known on the internets
as football hooligans
were actually banned from euro 2000 or something heh
they each have a chapter in a book on amazon about football hooligans etc
but as the companys dead ;/
also amusingly, the two people who were the company are well known on the internets
as football hooligans
were actually banned from euro 2000 or something heh
they each have a chapter in a book on amazon about football hooligans etc
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The letting agent will be to blame here, even if they were just advertising the property, they took the deposit and rent monies from you and are bound by law to ensure that a DPS is set up, before releasing the money to Landlord/Managing agent. You should have also been sent a certificate from whoever is holding the deposit to say it is protected.
But from what you have said about the circumstances, I very much doubt you will have any joy retrieving it, I would set my targets on the agents, as if they have no documentation that they had proof of an account number that the deposit was going to be placed I believe they will be liable for the amount.
But from what you have said about the circumstances, I very much doubt you will have any joy retrieving it, I would set my targets on the agents, as if they have no documentation that they had proof of an account number that the deposit was going to be placed I believe they will be liable for the amount.
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#8
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aye i didnt get any cert, wasnt even aware i had to get one at the time :/
ive checked all the various schemes and no one has any knowledge of my property or deposit etc
Martins are still going strong, annoyingly they have been the most helpful thru out the start of the renting.. apart from gettin my deposit back heh
shall dig out what paperwork i have
wondering if to just go the full hog and get in and see a solicitor
ive checked all the various schemes and no one has any knowledge of my property or deposit etc
Martins are still going strong, annoyingly they have been the most helpful thru out the start of the renting.. apart from gettin my deposit back heh
shall dig out what paperwork i have
wondering if to just go the full hog and get in and see a solicitor
#9
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aye i didnt get any cert, wasnt even aware i had to get one at the time :/
ive checked all the various schemes and no one has any knowledge of my property or deposit etc
Martins are still going strong, annoyingly they have been the most helpful thru out the start of the renting.. apart from gettin my deposit back heh
shall dig out what paperwork i have
wondering if to just go the full hog and get in and see a solicitor
ive checked all the various schemes and no one has any knowledge of my property or deposit etc
Martins are still going strong, annoyingly they have been the most helpful thru out the start of the renting.. apart from gettin my deposit back heh
shall dig out what paperwork i have
wondering if to just go the full hog and get in and see a solicitor
#10
Have Martin's produced any proof that they paid your deposit to the management agency - ie. a receipt or statement of account? If they can't then I think they are on dodgy ground and may well be liable.
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