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  • FIRST POST
    • Kathiravans7
    • By Kathiravans7 19th Apr 16, 3:42 PM
    • 7Posts
    • 0Thanks
    Kathiravans7
    Deposit Not Returned
    • #1
    • 19th Apr 16, 3:42 PM
    Deposit Not Returned 19th Apr 16 at 3:42 PM
    This issue is related to the tenancy of (text removed by MSE Forum Team) which is owned by Max Estates Limited. I moved into the property on 23 June 2015 and I moved out on 23 December 2015. I signed License to occupy document. The flat is not shared with anyone and it was provided for exclusive usage only. The deposit which I paid was £1089.1 and this amount is not yet returned.

    I decided to move out and I gave one month’s notice to Faye Pattenden who is the property administrator in Max Estates Ltd. I received an email from her that I would get my deposit back 14 days after moving out.

    The payment was not made to me at the end of 14 days. I kept calling and emailing various members of the Landlord’s staff. I have continued to call and email Max Estates Limited but I have had no reply and I have not been told why my deposit has not been refunded.

    In connection to this I contacted Shelter who sent the ‘Letter before claim’ to Max Estates Ltd for which also I never got a response.

    Please advise me in recovering my security deposit quickly. I am advised by Shelter that I have to raise small claims in the court but not sure how much time this would really take. There is also court fees which I need to pay. Above all even if I get the court order in my favour, will the Max Estates Ltd pay me.

    Is there any other way out ??
    Last edited by MSE ForumTeam5; 20-04-2016 at 8:37 AM. Reason: Personal details
Page 2
    • DmitriyDer
    • By DmitriyDer 18th Oct 16, 5:38 PM
    • 2 Posts
    • 0 Thanks
    DmitriyDer
    Hi,

    At the moment, I know at least 4 different people (except the ones who previously posted here) who experience the same problem. So, this company is breaking the law SYSTEMATICALLY. I thought that if we act collectively we have a higher chances in the court.

    In Addition, there is a Clause in our Licences Agreement which states - " a deposit of £946.50 before taking occupation, which the Owner must return on vacation of the Property by the Licensee at the determination of this agreement subject to deduction of a reasonable amount to compensate the Owner for any damages or losses occurring through breach of this agreement." The important bit is this ... which the Owner must return on vacation of the Property by the Licensee ... In this case, Owner is not following the contract and breach it!

    How do you think?

    Regards

    If you go through the hassle and cost to get a court decree then you may be wasting money.


    I know that in Scotland once a court order has been done a claimant can go to the court for a 'rent arrestment order' which is served on a tenant in a rental property- this makes it an offence for the tenant to pass the rent to the agent / landlord until the court decree is settled.


    I don't know if the English Courts have something similar
    Originally posted by baldelectrician
    • CharlieJermany
    • By CharlieJermany 27th Oct 16, 12:57 PM
    • 2 Posts
    • 0 Thanks
    CharlieJermany
    Max Estates
    Hi,


    I also have had this problem and have been in contact with some people on here.


    I am currently doing an investigation with Companies House to get Mr Nicholas Sutton wiped off of the director register.


    I'm also taking them to court, but because they do not have the fees the Court probably won't work as people have said on here.


    I think our last resort is that we have to raise a petition to Wind Up the Company - but this will cost £1600 in total. Many people have done this through gazette with his other companies and I think this is sadly the only way
    • CharlieJermany
    • By CharlieJermany 27th Oct 16, 5:29 PM
    • 2 Posts
    • 0 Thanks
    CharlieJermany
    I HAVE REPORTED THE COMPANY AND DIRECTOR TO THE GOVERNMENT AND IT LOOKS PROMISING. THEY NEED WRITTEN PROOF THAT THIS HAS HAPPENED TO OTHERS TO BE ABLE TO CLOSE THE COMPANY AND PROSECUTE THE DIRECTOR BY LAW.
    PLEASE WRITE A WRITTEN STATEMENT TO ME CHARMAINEJERMANY@BTINTERNET.COM SAYING YOUR SITUATION WITH AS MUCH PROOF AS POSSIBLE AND I WILL SEND THIS TO THEM FOR THE CASE
    Thank you
    • marcarm
    • By marcarm 27th Oct 16, 7:01 PM
    • 559 Posts
    • 677 Thanks
    marcarm
    I HAVE REPORTED THE COMPANY AND DIRECTOR TO THE GOVERNMENT AND IT LOOKS PROMISING. THEY NEED WRITTEN PROOF THAT THIS HAS HAPPENED TO OTHERS TO BE ABLE TO CLOSE THE COMPANY AND PROSECUTE THE DIRECTOR BY LAW.
    PLEASE WRITE A WRITTEN STATEMENT TO ME CHARMAINEJERMANY@BTINTERNET.COM SAYING YOUR SITUATION WITH AS MUCH PROOF AS POSSIBLE AND I WILL SEND THIS TO THEM FOR THE CASE
    Thank you
    Originally posted by CharlieJermany
    Not being funny, but why ask for a written statement to be sent direct to you, when people on here do not know who you are? You could be a member of staff from the aforementioned company trying to get details from people.

    You should provide an email/written address for 'THEY' who need written proof for people to send direct and bypass you.

    Of course, you could be above board and trying to help (which I'm sure you are) but it wouldn't be the first time a plant is on these forums, especially a user with so few posts.
    • Bharathiraja
    • By Bharathiraja 4th Nov 16, 8:55 AM
    • 1 Posts
    • 0 Thanks
    Bharathiraja
    Hi,
    I too facing same problem with Max Estate Agency and this property called "SUMMIT HOUSE" in Bracknell area. It's been around 90 days since i vacated the rental property but Max Estate Agency is not returned my deposit amount and also not responding to my email & phone call. With the guidance of Citizen advice Bureau & Bracknell Police, i made a complaint in actionfraud.police.uk and waiting.
    • Damya79
    • By Damya79 10th Nov 16, 10:49 AM
    • 1 Posts
    • 0 Thanks
    Damya79
    What is the latest with this has anyone had any luck getting their deposit back.

    I moved from Summit house recently and was informed I would get deposit back in 15 days and 30 days later nothing.

    They wont answer phones and now just completely ignore emails and calls.
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