DPS - query

Red-Squirrel_2

You should pay the deposit back that you owe them.

Completely separately, if you think a crime has been committed, you should report it to the police.

The two are not in any way connected.

Guest101

dwill1503 wrote: »

I think you've given me all the help I need. Thank you Guest101

No probs, hope the new tenants are less bothersome

dwill1503

Red-Squirrel wrote: »

You should pay the deposit back that you owe them.

Completely separately, if you think a crime has been committed, you should report it to the police.

The two are not in any way connected.

We do not owe them anything currently because we don't feel the adjudicator is correct. They have several errors and wrong facts in their decision - as an example, they said "Mrs Jones called you on the 5th April". I don't know who Mrs Jones is and the dispute has nothing to do with April - it was raised in August. They also said "without the statement of Mr XXX (but it should have been Miss YYY we can't take this evidence into consideration" but they have a signed statement from Miss YYY giving them the evidence we are asking them to take into considerstion! The also said "as you live in France" - we don't!! So, you see it is almost like they have two or more reports mixed up [and that the adjudicator has had a glass or two]

Also, when I queried who the adjudicator is I found that the name on the decision paperwork was also the name of an office based person (I won't put the job title) who had confirmed receipt of some of my earlier emails. So i really don't know what goes on or how it works.

Finally, we did speak with the police, they visited the house, took finger prints etc and gave them our statements and they had those of the neighbours. However, we decided that as the culprit was the 15 year old son he would be better with a verbal telling off rather than being sent to court. We of course wish now we'd been firmer!

Guest101

dwill1503 wrote: »

We do not owe them anything currently because we don't feel the adjudicator is correct. They have several errors and wrong facts in their decision - as an example, they said "Mrs Jones called you on the 5th April". I don't know who Mrs Jones is and the dispute has nothing to do with April - it was raised in August. They also said "without the statement of Mr XXX (but it should have been Miss YYY we can't take this evidence into consideration" but they have a signed statement from Miss YYY giving them the evidence we are asking them to take into considerstion! The also said "as you live in France" - we don't!! So, you see it is almost like they have two or more reports mixed up [and that the adjudicator has had a glass or two]

Also, when I queried who the adjudicator is I found that the name on the decision paperwork was also the name of an office based person (I won't put the job title) who had confirmed receipt of some of my earlier emails. So i really don't know what goes on or how it works.

Finally, we did speak with the police, they visited the house, took finger prints etc and gave them our statements and they had those of the neighbours. However, we decided that as the culprit was the 15 year old son he would be better with a verbal telling off rather than being sent to court. We of course wish now we'd been firmer!

Not to rehash this, because i've said this before.

1: if the adjudicator was wrong, you have a case against the DPS, and of course they may decide to compensate you. However that compensation will be based on the fact that you have paid the tenant their deposit back. Otherwise there's nothing to compensate for.

2: Not uncommon for an adjudicator to take emails. They base their decision on the evidence they receive. (though in this case there does seem to be discrepancy).

3: So the matter was dealt with, you could not now ask them to prosecute for it. You gave your consent, for want of a better word, a community resolution. The Police cannot now chase it up with the 15 year old - though i suspect they got it wrong too, but you havent given enough details about the criminal damage (or whether its a civil matter)

G_M

dwill1503 wrote: »

We do not owe them anything currently because we don't feel the adjudicator is correct.

You have a choice when a dispute arises:
* to use the edjudication prcess, from which there is no appeal, or
* to use the courts

You chose the former. Rightly or wrongly, they have ruled. There is no appeal process. It is a legaly binding decision, so in law you owe the tenant 50% of the deposit.

Now, this may be a miscarriage of justice - sadly they do occur - but equally sadly you 'owe' the tenants the money.

I imagine that your complaint might result in the DPS aknowleging errors, in which case they may feel it appropriate to compensate you. Or, indeed, I imagine you could take the DPS itself to court ie sue for professional incompetance and claim the money back - from DPS.

But that is between you and DPS and does not alter the liability you now have to the tenant to return the money in accordance with the ruling.

Guest101

OP - Court fees are £2xx (they changed recently and i forget the exact amount, close to £300, than £200) + other costs + the deposit.

The tenant just needs to moan to the wrong person (EG on this forum) and you'll be stung for more than you owe.

dwill1503

Right - I have just called DPS and someone is going to call me back. I think I would rather know one way or another now! Will keep you posted

fishpond

What happened to the notice before action letter? Shouldn't one be sent before any possible court appearance?

dwill1503

Right, the account has been closed. The man wouldn't tell me anything else as he said he can't look at historic files but they aren't awaiting anything - from us or the tenants. I'm tempted to actually pursue the complaint though but maybe that is pushing it on my part.

Guest101

fishpond wrote: »

What happened to the notice before action letter? Shouldn't one be sent before any possible court appearance?

The LL was ordered to pay by the adjudication, they are aware of the debt.