No Returned Deposit After 1 Year

mcoliver88

Hi All

Need some advice about a deposit that still hasn't been returned to me after ending my tenancy agreement after 1 year.

In July 2013, Me and my partner ended our tenancy agreement which was a short hold assured agreement. After ending the agreement our landlord made a dispute of damages for the value of £500, our total deposit was £1125. We couldn't agree on the dispute, so naturally referred it to the DPS. Before it got to the adjudication stage, i decided to suspend the case, as my uncle who is a solicitor told me to challenge part of our agreement through the courts. We took his advice but after several months of paying over £400 in fees we stopped further action as it was costing to much.

When i went back to the DPS, to re-open the case they told me that as it had been inactive for too long, that me or my landlord need to apply for a court order to re-open the case, which means more money. Any way despite this me and my partner still havent had the undisputed amount of our deposit returned. When I asked the DPS to return it, they said they cant return it.

Has anyone got any advice on what i can do. I am going to the CAB on monday to see if they can help, but surely they must be able to return the undisputed amount.

Thanks in advance for any help

Michael

G_M

mcoliver88 wrote: »

Hi All

.....i decided to suspend the case, as my uncle who is a solicitor told me to challenge part of our agreement through the courts. ........

Has anyone got any advice on what i can do. I am going to the CAB on monday to see if they can help, but surely they must be able to return the undisputed amount.

Yes.

Ask your uncle to compensate you for his poor advice!

But to answer your Q - no, you declined arbitration so you cannot use arbitration!

Go to court.

You have messed about moving from one process to another, and back, and have tied yourself in legal knots. This is entirely your and your uncle's fault.

dancingfairy

I'm unsure how it cost you £400? It's about 70 or £80 to launch a small claims action.
You just needed to have sent a letter before action and then pursued court.
As you have started court action I'm unsure where you stand (And indeed on what grounds you started court action as it doesn't appear to have been a simple case for a returned deposit). Can you just launch a new claim for the return of your deposit or do you need to pursue the current claim?
df

jjlandlord

dancingfairy wrote: »

I'm unsure how it cost you £400? It's about 70 or £80 to launch a small claims action.

Do you think that the uncle worked for free?

ACG

Is your uncle one of those ambulance chasing solicitors that doesnt really have a clue about the real world but wanted to look like mr big shot?

Sounds like he has caused more problems than he has solved.

Their is a process in place for this type of thing for a reason - its simple for the average joe bloggs on the street to understand and follow. There was no need to involve solicitors unless you lost and still felt the wrong decision had been reached.