The Deposit Protection Service - 5 months on and still no money back

pennyturner · 3 December 2008 at 6:18PM

Myself and my partner moved out of a rented property in June this year, we were assured that our deposit would be returned in full to us by the Landlords with whom we had no problems and a very good relationship. Both ourselves and our Landlords were a little naive and didn't know exactly what to do to get our deposit back from the Deposit Protection Service. However we eventually sent an email on 3rd September stating we hadn't received the money and that the Landlords agent had changed.

We got a response a week later with clear instructions of what we needed to. So everything we were requested to fill in we did and then we waited, and waited.

On their website, the deposit protection service state that they will only send ONE notification to the Landlords agent which they have to fill in and return. We contacted our Landlords who said they hadn't received anything and nor had their agent. So we left it a bit longer, regularly checking our account with the service online to see what was happening - it just stated that they were waiting for the Landlords response. So we contacted the Landlords again - they still hadn't a clue.

I've just been on the phone for 40 minutes to the deposit protection service. They say the notification to return payment was sent to our Landlords agent on the 12th September, but on further questioning it turns out they sent the notification to the previous agent - the one we had originally told them no longer represented our Landlords. I told them again that the Landlords had changed their agent and could they please send the notification to this new agent instead? - "No".
Can I get the Landlords to call you with the details of their new agent and then you can send it to them? - "No, we can only speak to you and your partner"
So I'm telling you that you've sent the form to the wrong people and you wont send another? -"No".
So what can we do? To this they tell me that my partner has to call back (why? because he has Dr in front of his name, that can be the only reason as my name was on the tenancy as well but I'm not good enough now it seems :mad: ) and request a single claims form, we then have to fill in this form and have it signed by a solicitor (more money which we can't claim back I'm told) and send it back to them within 14 days. Then they'll send something to the Landlords (who obviously won't respond as they'll send it to the wrong address again!) who have to respond within 14 days!

All of this because they refuse to send out another form to the correct address!

Can anybody help? This seems so ridiculous, if we had given our Landlords the deposit to keep hold of themselves we would have had it returned to us as soon as we moved out, but because of some stupid rule made up by the people who are supposed to be protecting us it now looks like this will drag on for many more months.

sooz · 3 December 2008 at 6:29PM

pennyturner wrote: »

Myself and my partner moved out of a rented property in June this year, we were assured that our deposit would be returned in full to us by the Landlords with whom we had no problems and a very good relationship. Both ourselves and our Landlords were a little naive and didn't know exactly what to do to get our deposit back from the Deposit Protection Service. However we eventually sent an email on 3rd September stating we hadn't received the money and that the Landlords agent had changed.

We got a response a week later with clear instructions of what we needed to. So everything we were requested to fill in we did and then we waited, and waited.

On their website, the deposit protection service state that they will only send ONE notification to the Landlords agent which they have to fill in and return. We contacted our Landlords who said they hadn't received anything and nor had their agent. So we left it a bit longer, regularly checking our account with the service online to see what was happening - it just stated that they were waiting for the Landlords response. So we contacted the Landlords again - they still hadn't a clue.

I've just been on the phone for 40 minutes to the deposit protection service. They say the notification to return payment was sent to our Landlords agent on the 12th September, but on further questioning it turns out they sent the notification to the previous agent - the one we had originally told them no longer represented our Landlords. I told them again that the Landlords had changed their agent and could they please send the notification to this new agent instead? - "No".
Can I get the Landlords to call you with the details of their new agent and then you can send it to them? - "No, we can only speak to you and your partner"
So I'm telling you that you've sent the form to the wrong people and you wont send another? -"No".
So what can we do? To this they tell me that my partner has to call back (why? because he has Dr in front of his name, that can be the only reason as my name was on the tenancy as well but I'm not good enough now it seems :mad: ) and request a single claims form, we then have to fill in this form and have it signed by a solicitor (more money which we can't claim back I'm told) and send it back to them within 14 days. Then they'll send something to the Landlords (who obviously won't respond as they'll send it to the wrong address again!) who have to respond within 14 days!

All of this because they refuse to send out another form to the correct address!

Can anybody help? This seems so ridiculous, if we had given our Landlords the deposit to keep hold of themselves we would have had it returned to us as soon as we moved out, but because of some stupid rule made up by the people who are supposed to be protecting us it now looks like this will drag on for many more months.

Why did you wait this long?

The DPS want to speak to your partner, not because he's a doc, or a man or anything else. There can only be one lead tenant, & he's obviously been named as it. He should request a single claim form. Then it needs to be signed as a statutory declaration. This costs £5. Then send it back. Your money should be with you in your nominated bank account 10 days after the DPS receives it.

Tell your former LL what the problem was, to update their details with the DPS before the end of any next tenancy, and ask them nicely to refund your £5.

https://www.depositprotection.com/Public/FAQs.aspx?section=SingleClaim

pennyturner · 3 December 2008 at 6:39PM

I know we were stupid initially and took way too long to request the deposit back. Unfortunately my partner is not the best when it comes to dealing with pretty much anything financial and it always ends up being me, however we did not request that he be the lead tenant it was just assumed as has been the case since we started living together. This is besides the point, they were happy to keep me on the phone for 40 minutes this afternoon discussing our account so why shouldn't I be able to request this form?

The LLs will happily give the DPS the details of their new agent but the DPS won't send out another form. Is it just me that thinks this is crazy?

pennyturner · 3 December 2008 at 7:19PM

Just spoken to the LL, they did tell the DPS about their change of agent but the DPS obviously hasn't updated their details. Surely the DPS has to admit they're at fault and should send another form?

sooz · 3 December 2008 at 7:58PM

Sue them?

What for?

Tenants left in June, & didn't even start chasing deposit til Sept.
LL failed to inform DPS of change of agent til Sept
DPS failed to acknowledge this
Tenant again didn't bother chasing this til December

To resolve situation will cost £5, & tenant could have started this procedure 14 days after moving out.

It is simply a case of both LL & tenant failing to read the DPS terms & conditions properly.

sooz · 3 December 2008 at 10:24PM

Incisor wrote: »

Their money back. Obviously, asking nicely has got them nowhere.

There is no need to sue. I presume you mean small claims court? Why would you advise they pay £100+ of court fees when all this will cost to resolve is £5?

So they are not due their money?
I didn't say that. They just need to read the T & C's & follow the correct procedure to get their deposit back.

I don't see how the tenant has failed here. The DPS are just having a stupid fit of 'computer says NO'. And it does seem that if the tenant does what you are suggesting, the paperwork is going to end up with the wrong Agent again. Tenant has waited long enough here and it is time for Landlord to start knocking heads together.

The DPS is saying 'computer says no' as one of the 'additional tenants' has been on the phone, trying to change the agent's address for the LL! The LEAD tenant needs to call (or even cheaper) email, the DPS requesting a single claim form. They then need to fill it in, saying that "iv. the agent/landlord fails to respond to the tenant’s written notice asking whether the agent/landlord accepts that the tenant should be paid some or all of the deposit within 14 calendar days of the end of the tenancy" as per the DPS's terms & conditions. This needs to be sworn infront of a solicitor & costs £5. Since the DPS has already written to the wrong agent, there is no need for them to do so again. That's why it's called a SINGLE claims process.

The tenant has waited long enough - I agree, but done barely anything to help herself. 14 days after they moved out they could have started this, & would already have their money. It really is that simple. There was no need to spend 40 mins on the phone having a fit that the DPS wouldn't change someone else's contact address, nor accept her authorisation to start the single claims process, when she is not the lead tenant.

pennyturner · 4 December 2008 at 11:42AM

woah! blimey please don't get annoyed at each other for my sake. Thank you both for your input but I'd like to put a few things straight:

1. Yes we were at fault for not contacting the DPS sooner, but this was due to circumstances out of our control so please stop using that against us.
2. The LLs informed the DPS BEFORE we moved out in June that they had changed their agent - therefore the DPS ARE at fault.
3. I will not be suing the LLs thats insane.
4. we have followed the procedure to get our money back but it has not worked.
5. Even if we had been on the ball and contacted the DPS as soon as we moved out they still would have sent the form to the wrong agent.

I posted this thread to get help and to see if anyone else had experienced this type of problem with the DPS not to get wound up.

Thanks.

lic · 5 December 2008 at 12:03AM

Where does the DPS bank this money?
Do thye bank it with the highest paying interest account? Could that have been in Iceland?
Surely these tactics are being used by the DPS to hold onto the money for longer!
As they must make money to operate the scheme.
I think that if the LL is honorable, he should keep the deposit himesl and repay when the lease terminstes.

mlz1413 · 5 December 2008 at 10:38AM

penny I had problems getting forms from the DPS to claim back a deposit (as a LL), I believe they are disorganised (at best!) and they hide behind time frames, ie when you ring they say 'oh it hasn't been 4 weeks since you last rang so the forms will be in the post'

Chase the DPS weekly and don't give up, believe me I know how fraustating this is but always ask if your previous call was logged, always take a name, date and time of each call. I think it took me 3 months to get anything back and that was without delays of not chasing.

Your old LL is being helpful and so at least you don't have complications that way, ring and write to DPS and keep the pressure up, once they get the forms out and received back (do please send by recorded delv) the money takes a matter of days to arrive.

pennyturner · 5 December 2008 at 2:04PM

thanks mlz. I think I just needed to hear that it's not just me that thinks the DPS is a farce. I completely agree they do seem to be very disorganised. They said they're trying to help me but that is definitly not the case. The fact that they can't even admit that the 'only send one letter' rule is flawed is very frustrating.

DawnW · 5 December 2008 at 4:17PM

Thanks to the OP for highlighting this. When this rule was brought in, I could foresee problems occurring (though I do understand why it was felt necessary) as these things are always done in a hurry, on the cheap, with not enough, and probably poorly trained, staff. I am now concerned for my own tenants, who always seem to have have money problems (especially around rent days) and will really struggle if they have to wait weeks to get their deposit back. If I had been allowed to hold it as used to be the case, I could give it back to them, with interest, the day they move out, assuming rent was paid up to date :mad: .

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The Deposit Protection Service - 5 months on and still no money back

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