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estate agent stole my deposit

Hi all,
Hope you can help
I finished a tenancy in 2009, where the estate agent said that he would return the deposit to myself even saying a cheque had been paid in etc
But to this day i have received nothing. I took him to court, (he didnt attend) where he was liable to 3 times the amount due to not putting the deposit in a scheme and telling me he had done so. Bailiffs were involved and they couldn't get a hold of him. And now, i'm just stuck. What do i do? Call the police? Just forget about the money?

Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm surprised you got a judgment against an agent, when normally it should be the landlord you sue for a deposit.

    I wouldn't be surprised that if you did manage to actually enforce this debt, the LA would ask for the verdict to be set aside. Wasting all your efforts to date.

    These are the main methods of enforcement:

    https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

    But actually I think your best bet would be to sue the LL, who is more likely to be traceable, who is actually responsible, and where you stand a better chance of enforcement.
  • You might be able to use a debt collection agency to try adn collect it for you on a commission basis. The Judgment will be a solid evidence of the debt. I've only collected consumer debt, but am sure a google search will show you some. Much of it will depend on the firm and their status
    So many glitches, so little time...
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Like PoP above, I don't understand why you sued the agent,not the landlord, but yes, in the absence of a LL the judge was right to find against the agent.

    * Was judgement against the individual agent (by name) or the business?
    * Is the agent still in business?
    * do you have an address for the agent

    Enforcement can be a pain, but there are clear mechanisms for doing so. PoP also provides a helpful link.

    If the agent has done a runner, start again and sue the LL!
  • Hi Thanks for your replies!

    When it was evident that the landlord had no involvement with it, I decided it was best to leave them out of it. But if I cant enforce the judgement against the estate agent, I will probably take the landlord to court. They seem alot easier to locate as a few friends of mine know of them etc
    I'm waiting for a quote with a couple of debt collection agencies and was reading about how to enforce judgement
    www(dot)guardian.co(dot)uk/money/2010/nov/20/small-claims-court-enforce-judgment
    its just a case of time and effort! but i need to do this.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Hi Thanks for your replies!

    When it was evident that the landlord had no involvement with it, I decided it was best to leave them out of it. But if I cant enforce the judgement against the estate agent, I will probably take the landlord to court. They seem alot easier to locate as a few friends of mine know of them etc
    My bolding. As the others have said, LL is ultimately responsible for the tenancy deposit - the EA/LA acts on the LLs behalf, hence the title "agent". In some circumstances the LA can clearly also be held responsible: you have been very generous to your LL so far, from what you say.

    However, why have you let this drag on for almost 5 years - get back to court and get the order enforced.

    As G_M has asked, is this guy still in business? Is he a member of any "professional" bodies. If so make formal complaints there.

    In your circumstances, I'd consider involving the local press. You may want to let Shelter's campaigns office know of your experience, plus your local MP. It's appalling that 6 years after the deposit regs came into force Ts are still having problems over their deposits.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    When it was evident that the landlord had no involvement with it

    The landlord is TOTALLY the responsible party. The agent is a mere representative of the landlord and frankly if they had turned up to defend themselves you probably would not have won a judgement.

    Good luck.
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