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Deposit still hasn't been received. Help?!

Hi all,

Last year I rented an apartment with my girlfriend and friend which required a £750 deposit when we moved in. The contract ended on the 14th June and we were informed in mid-July that the deposit would be returned to us within 7 working days yet there has still been no refund. I've phoned the agency on numerous occasions but the staff member who deals with this area is always out.

I've only just remembered that we received a letter of MyDeposit in January telling us that there services were now not being used and the landlord would provide evidence that it was being held in another government safety scheme, as required by law but we received nothing.

After doing a bit of digging regarding the agency, according to companiesintheuk.co.uk (not sure how reliable this is), the company is currently under "Active - Proposal to Strike off", which obviously doesn't sound very good.

There has also been many other complaints regarding deposits and so forth so I was wondering if any of you lovely people could help with our situation? I have to ring back at 3pm when, supposedly, a staff member will be in and able to help... what do I need to say/request/etcetc

Thank you.

Comments

  • RAS
    RAS Posts: 35,896 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you have the full name and address of the landlord?

    They are responsible for the deposit not the agents, so you need that info to send a letter before action.
    If you've have not made a mistake, you've made nothing
  • evo1
    evo1 Posts: 90 Forumite
    edited 1 August 2011 at 1:53PM
    The landlord and Agency are both the same I think, XXX SALES AND LETTING AGENTS LTD, Hulme. I'm not very in the know with all of this so I appreciate the help.
  • may_fair
    may_fair Posts: 713 Forumite
    evo1 wrote: »
    The landlord and Agency are both the same I think, XXX SALES AND LETTING AGENTS LTD
    Who is the landlord stated on the tenancy contract?
  • evo1
    evo1 Posts: 90 Forumite
    may_fair wrote: »
    Who is the landlord stated on the tenancy contract?

    The previously mentioned.
  • may_fair
    may_fair Posts: 713 Forumite
    Then send XXX Ltd a letter before action giving a deadline to pay, and follow up with a county court claim (which you can start on Money Claim Online or with Form N1). It'll go to small claims and you don't need a solicitor.

    I would also check the Land Registry online to see whether the owner is XXX Ltd (it costs £4). If it's not XXX Ltd, and that party instructed XXX Ltd to let the property on his behalf, then he might be liable. I'd claim against both as co-defendants (particularly if it's possible XXX Ltd is about to go bust - Google them & look on the Companies House website).
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