Deposit not returned - what now?

scorpio_princess

As predicted, the LA (aka lying A holes) have not returned my deposit (which is not in a protection scheme as my tenancy began before that came into force) They were supposed to send it to me by cheque within 28 days of the end of my tenancy (which sucked, but was in the contract so couldn't really argue that) - I even had to give them a stamped addressed envelope!

The 28 days was up 11 days ago, and i've called, emailed and been down there in person - all I have got is a load of lies: 'oh it's been sent out already', oh, it'll definitely go out tonight', 'don't worry, you'll definitely get it'. !!!!!! :mad: :mad: !!!! I've repeatedly asked to speak to the 'partner' (the person who signs the cheques) and someone in admin, only to be told that 'they don't take calls or deal with customers direct'. In fact, the girls in the office looked at me like I was totally overreacting and making a fuss about nothing. They might think that £675 is nothing, but I certainly don't!

I was never late with my rent, I never caused them any problems, and I left the place in good condition, and what do I get for all that? Charges for going overdrawn with my bank and credit card interest which I could have avoided if my deposit was returned to me on time (the money is all accounted for already). Not to mention the cost of making numerous phone calls, and the cost of petrol to travel to their office (about 10 miles from where I live), plus the cost of having to constantly drive home at lunchtimes to check if it had popped through my letter box (about 8 miles from where I work). The worst thing is I just knew this would happen. Another thing that P***ed me off was the fact that I paid my rent straight into their bank account every month, so why couldn't they pay my deposit back the same way? Even if I get this cheque tomorrow, i've still got to way god knows how long for it to clear.

So, what should my next move be? I've had a 3 day headache because of this and i'm not sure I can call or go to their offices any more because the stress of it makes me feel ill. I would start a money claim online right now, but i'm afraid if I do that it'll pop through my letterbox tomorrow and i'll have to swallow the £30 fee, or whatever it is these days, so I feel powerless at the moment. It doesn't seem like anything is going to shift them into giving me my money back! Also, can I claim for any of the charges i've incurred because of this? I know I can claim interest as part of my claim, but it would come to pennies, so won't really recompense me at all!

Sorry for the rant! Any advice welcome

zebulon

i think it's pointless to go in their office anyway because you don't have a paper trace of what is said to you.

(wouldn't it be great if you had emails/letter with 'it was sent to you' and then 'it will be the post today' and then 'oh you'll get' ...errr)

a proper letter before action might do the trick without you having to pay yet... (good sample on there is some thread)

Good luck

scorpio_princess

zebulon wrote: »

i think it's pointless to go in their office anyway because you don't have a paper trace of what is said to you.

(wouldn't it be great if you had emails/letter with 'it was sent to you' and then 'it will be the post today' and then 'oh you'll get' ...errr)

a proper letter before action might do the trick without you having to pay yet... (good sample on there is some thread)

Good luck

Yeah I know, all very well for them to tell me stuff, but they'd only lie and say they didn't say it.

I can't really do anything now as it's Friday (which is just what they planned I bet) but I could type up something and send it tomorrow so they'll get it Monday. I'm tempted to give them til Wednesday and that's it - CCJ after that, but is that long enough? I know i've waited long enough as it is, but I want to do things properly so they can't wriggle out of anything.

Premier_2

Calm down. Fortunately they will probably be closed until Monday when you will see things more clearly.

Contact them and enquire if the money has been dispatched yet.

If not, why not ... and when will it be?

If it has, when was it sent? How was it sent? If by cheque, what was the cheque number? Don't accept that the person won't speak to you, take it higher - to the branch or area manager if necessary.

If they really won't speak to you despite your best efforts, start the legal process, which as zebulon says, is a notice before legal action.

Ian_Griffiths_Halifax

I would wait in their office until somebody give you a cheque and tell them that you are billing them for your hourly wage rate while you wait.

Microstar_2

One of the things I've learnt over the years is that arguing on the phone with a clerk in the office is a waste of time and money.
At the first sign of any messing about from ANYONE they now get a Letter Before Action (sent Rec Del) giving X working days to pay (X needs to be a reasonable number, depending on company and circumstances).
If they don't pay, then don't muck about. Don't bother ringing them. Fill in court forms and pay the fee (don't forget to claim fee back, plus 8% interest etc). Never failed so far. You do obviously have to be sure of your facts though!

scorpio_princess

Premier wrote: »

Calm down. Fortunately they will probably be closed until Monday when you will see things more clearly.

Contact them and enquire if the money has been dispatched yet.

If not, why not ... and when will it be?

If it has, when was it sent? How was it sent? If by cheque, what was the cheque number? Don't accept that the person won't speak to you, take it higher - to the branch or area manager if necessary.

If they really won't speak to you despite your best efforts, start the legal process, which as zebulon says, is a notice before legal action.

I've already asked all the above questions, and got different answers each time, hence my exasperation! They are an independant letting agent, with only one branch, so the highest I can go is the mysterious 'partner', who the office staff seem to be scared of, and who also doesn't take calls. Wonder if he'd take a call from my local newspaper....

It's not like they're ignoring me/not answering calls, it's just that I keep being lied to - how do you make someone hand over cash that they really shouldn't have? I can yell and threaten til the cows come home, but all I really want is my money.

scorpio_princess

Ian_Griffiths_Halifax wrote: »

I would wait in their office until somebody give you a cheque and tell them that you are billing them for your hourly wage rate while you wait.

That did cross my mind, but I was afraid I might burst a blood vessel in my brain (I don't deal with stress or confrontational situations very well!) or completely lose the plot (which would prompt the men in white coats to come and detain me). I could get my dad to do it instead - he's quite a big bloke...

scorpio_princess

Microstar wrote: »

One of the things I've learnt over the years is that arguing on the phone with a clerk in the office is a waste of time and money.
At the first sign of any messing about from ANYONE they now get a Letter Before Action (sent Rec Del) giving X working days to pay (X needs to be a reasonable number, depending on company and circumstances).
If they don't pay, then don't muck about. Don't bother ringing them. Fill in court forms and pay the fee (don't forget to claim fee back, plus 8% interest etc). Never failed so far. You do obviously have to be sure of your facts though!

Sounds like this is my best course of action. I shall send them a letter on Monday recorded delivery, so they'll get it Tuesday and i'll give them til Friday to pay.

They are quite simply in breach of their own contract (by letting the return of deposit go over 28 days, which was in the TA), so i'm completely and utterly in the right.

clutton_2

sorry you are getting stressed here - it wont help - i may have missed this - but is there an inventory for check in and check out ?

Ian_Griffiths_Halifax

He who shouts loudest gets served the quickest. If you don't want to go down and wait for a cheque, I'd call, then get dad to pop in an hour later, then call again an hour later, then tell them you'll be speaking to your solicitor if you haven't an assurance that it's on it's way by the end of the day by Guaranteed Next Day Delivery and generally make a bl**dy nuisance of my self.

Then get the solicitors onto it but tell them in your letter that they will be liable for the legal fees as they are in breach of their own contract.