Please help re flat deposit

clutton_2

headaches - sounds like the stress of this is getting to you - why not ask for an adjournment of the proceedings, go on holiday, think it thru then, come back, refreshed and see how you feel then ?

I think we are all WILLING you to get the money, but, its only you who has to bear the stress and time-consuming frustrations of all this.

sometimes standing back from it all helps. Both LA and L/L from hell will still be here on your return. i think i am right in saying that You have 3 years to fight your case before it is time barred.

first and foremost - look after your health - your new self employment venture needs you chipper, chirpy and cool !!!

i let a dispute of mine lie dormantn for 2 months, and this week have found the energy and drive to attack it again. Its been a long fight, maybe you need a break from it.

bw

xxxx

EagerLearner

Thanks all - I really am at the lowest at the moment, got Nurofen migraine pills at lunch plus bananas and fruit juice for vitamins/minerals and I'm taking the afternoon off and just hope that helps.

I wish it was all over and done with already, maybe delaying until January would be better but then again, at that time I will be trying to start up as self-employed so it will prob be just as bad a time.

From what Irnbru says it's likely to go either way and that's why I'm inclined to not do it, we won't get our cash back from the LA only the landlady.

Clare_Louise_3

WOW!! Stumbled on to this thread last week and it has taken me about two hours to read through. Well done you for keeping going - am willing you with baited breath, but agree don't let this affect your health or happiness. Hope things go your way and that you have a lovely well deserved holiday.

Clare

franklee

Hi EL, I think you have a good point about the agent's court appearance.

I am wondering if the letting agent is *required* to ask the landlady for proof of address. Specifically does this come under the money laundering regulations:

"Since 1994, when the Money Laundering Regulations became law, all building societies, banks and other businesses providing financial services have had to put procedures in place to stop criminals from using them to launder their 'dirty' money. These include the need to obtain proof of identity and address from anyone who wishes to open an account or buy any financial product or service from them"

So you could write to the agent asking them, in the light of the runaround you've had on the landladies address, return of court papers etc. did they obtain any proof of address for this new address?

You could say if they did obtain proof and can assure you that this is the correct address for service of court papers then you will cancel Decembers court appearance in order to pursue the landlady but that you will pursue the agent again if the address turns out to be wrong.

The c/o address is irrelevant as it cannot be used for the service of court papers. If that's the only address the agent has then it isn't good enough as they need to provide their (existing) tenants an address that is suitable for service of court papers.

BobProperty

franklee wrote:

.....I am wondering if the letting agent is *required* to ask the landlady for proof of address. Specifically does this come under the money laundering regulations:

"Since 1994, when the Money Laundering Regulations became law, all building societies, banks and other businesses providing financial services have had to put procedures in place to stop criminals from using them to launder their 'dirty' money. These include the need to obtain proof of identity and address from anyone who wishes to open an account or buy any financial product or service from them".......

1. Doesn't it only apply to transactions > €15,000 ?
2. Is an LA providing a "financial...service" within the meaning of the regulations?

prudryden

EL-
Tell me again, sorry about this. Why are you taking the Letting Agent to court? (1) Was it just because of the address of the LL?
(2) Was it because they returned your deposit to the LL at the LL's request?

I'm sure I would find it but just can't go thru all the posts again at the moment.
Many thanks

prudryden

Post 762 by Clutton is excellent advice. Reminder Clut is wise beyond her years.

clutton_2

Pru - say the nicest things !

franklee

BobProperty wrote:

2. Is an LA providing a "financial...service" within the meaning of the regulations?

I don't know, they collect rent so there are financial transactions involved. As a tenant I've been asked for proof of id and address by letting agents citing the money laundering regs. I've also heard of landlords being asked for same even though the agent knows them, again being told it's the regs. Whether that's right or not I don't know.

But given the agent is required to supply the landlord's address to existing tenants if asked in writing then I suspect the agent has to take some steps to verify id and proof of address.

Are there any landlords here that have been asked for proof of id and address by their agents?

prudryden

I believe the contract has to have a "contact address". Thus, a C/O address is probably acceptable.