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Previous LL has moved...deposit in dispute

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Comments

  • Delta_1984
    Delta_1984 Posts: 143 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 4 October 2014 at 10:00AM
    bouicca21 wrote: »
    Treetops, The deposit schemes offer ADR, but it is not compulsory so the LL has the opportunity to accept or refuse. A refusal means the only recourse is to the courts - or the threat of court action.

    Hi all, as above. LL originally refused ADR. I sent a notice before action explaining how I disagreed with the claims and that there could not be any evidence supporting them (remember it is your money and LL has to prove that something has been damaged beyond wear and tear - if it has then hold your hands up, if not then fight them). I soon after received a phone call from the LA to say that LL didn't want to go to court and had therefore given permission for LA to release deposit from DPS. Hope that helps.

    Treetops, if you're asking what happens if the LL accepts to go to court then I'm not sure as it never got that far. I assume if you win then there is a CCJ against them, not sure if this means the DPS can release the money automatically or not.
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    agrinnall wrote: »
    Look harder :D.

    Yes, I know that it was protected by DPS, but it doesn't specify if DPS held the deposit. DPS operates both custodial and insurance-backed schemes.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
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