Deposit held by DPS - landlord will not respond?

lollypop99

Hi there, just wondering if any one could help me with this query...

My deposit is been held by the DPS & I'm having trouble getting my bond back,

I've posted on here previously regarding this problem but i need some further advice.

My landlady wants the full amount back and I don't agree with this.

She requested to have the full bond back online through the DPS website, I declined this and asked her for the full amount to be refunded to me.

She's not responded to my request within the specified 14 days, so now I need to ask the DPS to send me a "statutory declaration", which I need to get a solicitor to sign and post it to her, giving her a further 14 days to object/ respond.

She's the sneaky type and I cannot help thinking that she's got an ulterior motive for doing this.

can anyone offer any reassurance / advice as to why she would do this or what i should do?

N79

One option would be to just go to the small claims court and sue for the return of your deposit. You can file online using moneyclaim. If the LL fails to dispute your claim then you will win by default. Job done and no DPS hoops to jump through.

TheBrutalTruth

She wants your money - that is her motivation. She probably hopes to wear you down by forcing you to go through the DPS process.

However, grit your teeth and insist on going through the DPS process.

Unfortunately I cannot give any further advice as I have not been through the TDS process myself, but these schemes have been created to help people like you in situations like this. You have nothing to lose at this point by using them.

Why do you need to get a lawyer to sign it?

N79

TheBrutalTruth wrote: »

Why do you need to get a lawyer to sign it?

Because it is a statutory declaration.

TheBrutalTruth

N79 wrote: »

Just go to the small claims court and sue for the return of your deposit. You can file online using moneyclaim. If the LL fails to dispute your claim then you will win by default. Job done.

The TDS was set up to stop disputes immediately going to the small claims court and clogging them up. The small claims court will take a dim view if the OP immediately goes there without exhausting the TDS process first. The TDS is the first port of call in this case.

TheBrutalTruth

N79 wrote: »

Because it is a statutory declaration.

Is this a statement of truth? When I had to sue my old LL for non-compliance with the TDS I had to write a statement of truth and sign it, I didn't need a lawyer. I just raised this because involving a lawyer maybe an additional expense for the OP and might put them off going through with it.

N79

TheBrutalTruth wrote: »

The TDS was set up to stop disputes immediately going to the small claims court and clogging them up. The small claims court will take a dim view if the OP immediately goes there without exhausting the TDS process first. The TDS is the first port of call in this case.

Rubbish - no court takes a dim view of a person exercising their legal rights to submit their disputes to the courts. TDS is not a tribunal service nor a court provided arbitration process but a private process run and operated by the private sector (on behalf of the government). It is an alternative to court but is in no way mandatory.

sooz

A statutory declaration normally costs £5-£10.

N79

TheBrutalTruth wrote: »

Is this a statement of truth? When I had to sue my old LL for non-compliance with the TDS I had to write a statement of truth and sign it, I didn't need a lawyer. I just raised this because involving a lawyer maybe an additional expense for the OP and might put them off going through with it.

Yes - more or less: see http://en.wikipedia.org/wiki/Statutory_declaration for a short explaination.

TheBrutalTruth

Rubbish - no court takes a dim view of a person exercising their legal rights to submit their disputes to the courts. TDS is not a tribunal service nor a court provided arbitration process but a private process run and operated by the private sector (on behalf of the government). It is an alternative to court but is in no way mandatory.

Fair point and I agree it is not mandatory. However, when I went through the small claims process, the emphasis was very much on trying to get an agreement out of court. Certainly, the OP has the right to go to court, but it will strengthen their hand if they can show they have tried to reach agreement out of court. When I did my small claim, whilst I eventually won, the judge appeared to feel I had jumped the gun a little and gave the LL more time to answer my case. Given the OP loses nothing by going through the DPS I'd strongly advise they do this first. Also, if the LL messes the DPS around LL will get blackballed by them and it would prevent further abuses of other tenants in the future.

My morning tea break is over - better get back to work. I think we both agree and want to help the OP, so hope we can play nicely

TheBrutalTruth

sooz wrote: »

A statutory declaration normally costs £5-£10.

Really?

Link please.