Help me please anyone.. I am at my wits end!

pesky_princess

:mad: well an update on my never ending stressful situation!

since my last posts, I have sent an email to the EA explaining that I was not happy that I have still not got my deposit back and that too much time had passed by now - with nothing in writing from my landlord or them to explain exactly what he wanted to keep my deposit for etc (more to it than that, just being brief! lol)
Anyway... NO reply! another week goes by and i send another email to them, this time telling them how disappointed i was at the lack of communication and that i wanted the details of the deposit scheme that my deposit was held in. NO REPLY!!!!
Finally... today, I received a phone call from the EA. A quick rundown of the convo:

EA informed me that the landlord wants ALL my £595 deposit. His reason apparently is for a tiny box room painted in different colour, and for a new carpet in attic room as at the top of the stairs to the room the carpet is 'ripped' No mention this time of carpets being dirty or anything!

I know what he means about the carpet - it was like this when we moved in ( i tripped up over it when i went to view the house for the first time.!) It is not ripped, it is the top step at top of the stairs and the carpet was ill fitting and did not join up from the top step to the carpet in room!
I am livid! :mad: He is clutching at straws badly, thinking of anything he can to keep my money!

Unfortunately we did not mention this to be added to the inventory (stupidly) when we moved in, so where this stands i don't know... BUT EA today asked if i wanted to make an offer of meeting halfway and offering him half my deposit! I flatly refused and said I will admit to the room being painted as i had indeed done that but no way the carpet, and I was then asked if I wanted to prceed through the deposit scheme (that they are only today sending my deposit to even though it says in my contract that my deposit is held in a scheme! He did try and talk me out of going through the scheme telling me that he is worried i will lose as the carpet being 'ripped' was not on there, but I have told him i will take my chances
So he asked me what my final offer would be to the landlord before he rang him, and I said 'the cost of a tin of paint' (I have already been informed that the landlord has painted the room himself!) I did weeks ago offer to send a painter decorator round that i knew but this was refused!

So! thats that! apparently i will hear from the scheme soon and he told me I have the chance of ONE letter to put my case across and i can not appeal when a decision is made.
Do i get to see what the landlord has written in dispute before i send my letter off? I hope so.. i would not like to blindly write a letter when i don't know what he has put in his!
I am fed up of this... but i am psyched up ready for the fight! Does anyone think i stand a chance? lol :rotfl: I have to laugh, or I will cry! :rolleyes:

chappers

Good you have got them on the run they have acted unlawfully by only just putting your deposit into a scheme , after your tenanacy has ended.Do not listen to them when they threaten you by saying you can only write one letter and not appeal. Firstly if you do not have them, get a copy of all your signed tenancy agreements and the original inventory so you are aware of the original facts. Yes you have a good chance, particularly in light of the fact that your deposit wasn't protected in the correct way.

zebulon

I would ask the EA to reply to you by return of email - and not only calling!
next thing you know they'll say soemthing else and you'll have no proof of what was said to you...
S

Generali

Go to the CAB, they'll tell you exactly what to do. It goes something like this:

1. Tell them in writing you dispute the money being witheld and you want it back.
2. After 14 days, write to tell them you want the money back within a week or you'll sue.
3. After a further 14 days write to tell them that they have 7 days to return the money or you sue.
4. Sue.

It's a process. Get the CAB to take you through it until you are sure you understand and then follow the process. If you deviate from the process you may inadvertantly make it impossible for you to sue them. Do everything in writing. Email should be ok for most stuff except the demands for your money which should be done by registered mail and followed up with the same letter in email form I believe.

Good luck. I'm going through this with a previous LL, aka putain from hell.

pesky_princess

hi! thanks! I so hope I win so I can have satisfaction that my landlord did not gain any money from me! why the hell should he?! :mad:
He knows we have 5 young children and £595 is a considerable amount of money for our family to lose!

One thing - I last signed a 6 month tenancy agreement in march 2007 so it was before this new law came in in april 07, i was on a periodic tenancy from september 07 until i left and the agent keeps quoting this fact to me - he doesn't seem to understand the fact that despite the law only being brought in in april 07, my tenancy agreement from 2006 states that my deposit is included in a deposit scheme! so surely it should have been in one even though it was not law then?! He can't see beyond this 07 law thing! its like talking to a brick wall!!!
Should I mention this to the scheme when i hear from them? would it make any difference that it has only been paid in after my tenancy ended when it should have been there from feb 06?
thanks for your reply! x

pesky_princess

zebulon wrote: »

I would ask the EA to reply to you by return of email - and not only calling!
next thing you know they'll say soemthing else and you'll have no proof of what was said to you...
S

thanks! I have told them this and have wanted everything in writing so i have a record of contact but they just ignore me! Well at least i have got my correspondance in writing so it can be seen what i have said and requested etc.. they are the ones that look bad as they have blatantly ingnored all of my written contact!

pesky_princess

Generali wrote: »

Go to the CAB, they'll tell you exactly what to do. It goes something like this:

1. Tell them in writing you dispute the money being witheld and you want it back.
2. After 14 days, write to tell them you want the money back within a week or you'll sue.
3. After a further 14 days write to tell them that they have 7 days to return the money or you sue.
4. Sue.

It's a process. Get the CAB to take you through it until you are sure you understand and then follow the process. If you deviate from the process you may inadvertantly make it impossible for you to sue them. Do everything in writing. Email should be ok for most stuff except the demands for your money which should be done by registered mail and followed up with the same letter in email form I believe.

Good luck. I'm going through this with a previous LL, aka putain from hell.

Thanks! I am familiar with the requesting money back process (i fought hsbc and got thousands back!!! :T )
but, can i still do this now the dispute is going through the deposit scheme who will be making a decision?

amaseal

Good luck pesky-princess, it does seem that Landlords don't accept responsibility for wear and tear and try to get their houses redecorated and carpeted by using tenant's deposits.
Thank goodness for the new scheme - I would certainly take photos if I rented again and get every agreement in writing.
You are well on the way now - don't let it get you down.