Return of Deposit

Notlob

How did you request the return of the deposit from the DPS?

Fire_Fox

Smick100 wrote: »

Well, with the emails, which have been responded to, I have a record of our interactions.

I looked for the Single Claim Process on the DPS website. It tells you that you should do it but not how. I am unimpressed with DPS to be honest.

Several people on this thread have told you what the next step is!! This is not only about having a record of your interactions, you are currently not communicating with the person who has the legal responsibility to return your deposit. E-mails addressed to the letting agent are easily fobbed off. A recorded delivery letter addressed to the landlord should be passed on to the landlord or his representative otherwise the agents are failing in their duty, as that is the point in having an address at which to serve notices.

Smick100

Notlob wrote: »

How did you request the return of the deposit from the DPS?

Logged on, went to request it back, put in the amount,put in my account details and submitted it.

Notlob

The DPS would have emailed the LL/Agent to advise them that you have requested its return. The LL/Agent will have 14 days to reply.

Start the single claims process and if you are not sure how, ring them! Talk to them. I think you will find they know what the procedures are more than most posters!

Smick100

Notlob wrote: »

The DPS would have emailed the LL/Agent to advise them that you have requested its return. The LL/Agent will have 14 days to reply.

Start the single claims process and if you are not sure how, ring them! Talk to them. I think you will find they know what the procedures are more than most posters!

Thanks a lot Notlob. I tried to do the Single Claims process but there is nothing to suggest how it be done. Only that it should be done.

I suppose ringing them would be too sensible an option!

Now that 14 days has elapsed, does that mean that the agent cannot dispute the single claim process or can they get back in touch before the process finishes? If they decide to start playing ball toward the end and proceed in dragging things on more and more....?

The landlord is in the Middle East. It's hardly like they don't have phones or emails!

Notlob

Once you initiate the single claims process, the DPS will notify the LL/Agent (who ever the deposit registered holder is) of your application to use the single claims process. They (DPS) will need to satisfy themselves that the LL/agent is in fact ignoring the request and will give a timeframe for a reply (14 days). The whole process will likely take about 4 - 6 weeks, so start the ball rolling.

Read clause 21 of the DPS's T&C that you should have, but if not to hand:-

21. Single Claim Process - Statutory Declaration
a. To use the Single Claim Process, either the Landlord or Tenant who
is claiming part or all of the Deposit (the “Claiming Party”) must
provide The DPS with a Statutory Declaration at least 14 calendar
days after the Tenancy has ended.
b. The Statutory Declaration can be obtained by telephoning
0844 4727 000 or sending an email to [EMAIL="enquiries@depositprotection.com"]enquiries@depositprotection.com[/EMAIL]

c.

PLEASE NOTE: the Statutory Declaration must be sworn or

affi rmed in the presence of a Solicitor/Commissioner for Oaths/ or
a Magistrate.
d. The Statutory Declaration must contain the following information:
i. the date on which the Tenancy ended;
ii. confi rmation that the Parties have failed to reach agreement
with respect to the repayment of the Deposit, with details of any
communications between them since that date (whether relating to
the Deposit or otherwise);
iii. the basis on which the amount of the Deposit claimed is calculated,
with particulars of any facts relied on to justify claiming that amount;
iv. confi rmation of whether the Statutory Declaration is being made on
the basis that;
1. the Claiming Party has no current address for, or other means
of contacting the other party, whether that be the Landlord or
Tenant (the “Other Party”). If so, details must be given of any
address (other than the Tenancy property) and other contact
details (including telephone numbers or email addresses) which
the Claiming Party has for the Other Party; or
2. the Other Party has failed to respond to the Claiming Party’s written
notice in relation to the distribution of the Deposit. In this case a copy
of the written notice sent to the Other Party must be attached.
v. any information the Claiming Party has as to the whereabouts of the
Other Party;
vi. confi rmation that the Claiming Party gives his consent, in the event
of the Other Party disputing that they should be paid all or part of the
Deposit, for the Dispute to be resolved via Adjudication;
vii. confi rmation that the Claiming Party considers that he is entitled to be
paid all or part of the Deposit as claimed; and
viii. a declaration that the Claiming Party makes the Statutory Declaration
in the knowledge that if he knowingly and wilfully makes a false
declaration he may be liable to prosecution under Section 6 of the
Perjury Act 1911.
22. Single Claim Process – Statutory Declaration Notice and Resolution
a. Once The DPS has received a properly completed Statutory Declaration
which meets the above requirements, it will issue a Statutory Declaration
Notice and a summary of the claim to the Other Party’s registered address
asking the Other Party to indicate within 14 calendar days of receipt:
i. whether the Other Party accepts that the Claiming Party should be
paid the whole of the amount claimed;
ii. whether the Other Party accepts that the Claiming Party should be
paid part of the amount claimed and, if so, how much; and
iii. if the Other Party does not accept that the Claiming Party should
be paid the whole of the amount claimed, whether the Other Party
consents to the Dispute being resolved by an Adjudicator.
b. Unless the Other Party completes and returns the Statutory Declaration
Notice within 14 calendar days, indicating their responses to a.i - iii above,
The DPS will release the full amount claimed to the Claiming Party within
10 calendar days of processing the claim.
c. If the Other Party completes and returns the Statutory Declaration Notice
within 14 calendar days confi rming that he accepts that the whole or part
of the amount claimed should be paid to the Claiming Party, such amount
will be paid to the Claiming Party within 10 calendar days of The DPS
receiving it.
d. If the Other Party completes and returns the Statutory Declaration Notice
within 14 calendar days indicating that he does not accept that the Claimant
should be paid all or any of the amount claimed, The DPS will inform the
Claiming Party that their claim has been rejected wholly or in part and shall
provide a summary of the Other Party’s Statutory Declaration Notice.
e. The Claiming Party will have 7 calendar days from the issue of the
summary of the Other Party’s Statutory Declaration Notice to either
accept or disagree with the contents of the Other Party’s Statutory
Declaration Notice and to submit any additional evidence which they
DPS_terms&conditions_20081022_V13.0

11PRXB P05

5
wish to be taken into account. The Other Party will also be given 7 days
notice that the Dispute will be referred to the Adjudicator and given 7
days to submit any fi nal evidence. If no response is received from the
Claiming Party or the Other Party within 7 calendar days, the Dispute will
be referred to the Adjudicator in any event.
f. If the Other Party completes and returns the Statutory Declaration
Notice within 14 calendar days but fails to indicate whether he consents
to the Dispute being resolved by an Adjudicator, he will be treated as
having given his consent for the Dispute to be referred to Adjudication.
Both Parties will then be informed that the Dispute has been referred
to Adjudication as detailed in the process defi ned in (e) above.
g. Upon completion of the steps detailed above, The DPS will forward
copies of the
i. the Statutory Declaration;
ii. the Statutory Declaration Notice;
iii. any additional evidence submitted by either Party;
to the Adjudicator (see; Adjudication at section 28 below).
h. Any evidence submitted by either party after the Dispute has been
referred to the Adjudicator will not be considered by the Adjudicator
if a Decision has already been made.
Adjudication – The Alternative Dispute Resolution (ADR) Service

G_M

Well done notlob. I think between us we've now provided all the info the OP needs as to how to communicate with the LL, and how to proceed with DPS.

Can we leave OP to get on with it and put this thread to bed.....?

Smick100

Sorry to resurrect this G_M.

Today the status on the DPS changed to Disputed Claim.

I have received no details of the dispute. I sent an email to the estate agent to ask what the dispute is but have heard nothing back.

G_M

Sorry to hear that.

You will clearly have to go throught the scheme's dispute procedure. I suggest you read up on it so as to understand what you need to do, and when, and what to expect to hear from the scheme/LL.

If you have any queries once you got details of the dispute, post back here, but presumably the LL/agent is claiming for damage or cleaning or whatever. You need to know precisely what, and how much.

Fire_Fox

Smick100 wrote: »

Sorry to resurrect this G_M.

Today the status on the DPS changed to Disputed Claim.

I have received no details of the dispute. I sent an email to the estate agent to ask what the dispute is but have heard nothing back.

Why are you still e-mailing the letting agent when you have repeatedly been told to communicate in writing by recorded delivery?