Deposit Protection – look out landlords, the vultures are circling

by Mark Alexander

15:26 PM, 28th June 2013
About 7 years ago

Deposit Protection – look out landlords, the vultures are circling

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Deposit Protection – look out landlords, the vultures are circling

ALL landlords and letting agents need to know that the “no win no fee” vultures are out to get you.

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Deposit Protection - look out landlords, the vultures are circling

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Deposit Protection - look out landlords, the vultures are circling


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Comments

Mark Alexander

0:01 AM, 29th June 2013
About 7 years ago

@Maurice - were your costs awarded by the Court?

If so, presumably you have a summary judgement now?

If not why not apply to the Court?

If you already have a summary judgement have you considered the following:-

A warrant of execution, which means a visit to your tenants from the bailiffs?

An attachment of earnings order?

A charging order?

A third party debt order which forces someone who owes them money to pay it to the you (this can include savings they have with a bank)?

An order to obtain information, where the court asks them to attend a hearing to give evidence of their financial situation? You can get an order to obtain information at any time, even if they haven't missed any payments.

I hope this helps

Maurice Kifford

0:26 AM, 29th June 2013
About 7 years ago

Hi Mark, thanks for your comments. My solicitor is currently making the application to the court after which an attachment of earnings order looks the most favourable course of action.

I will keep you all posted

Gary Nock

7:04 AM, 29th June 2013
About 7 years ago

Although it seems like we do not have a lot to worry about I am surethis lot are seizing on recent uncertainty in deposit protection. in addition to the Superstrike case there was one mentioned on the Wise Moves site where a Judge refused a Section 21 because the prescribed information had the agents name and address rather than the landlords. Personally I slways put landlords name and address on and get them to sign the certificate. I aldo get the tenant to sign a form stating they have received all the prescribed information consisting of etc etc and get them to initial sll and every page of the PI

Gary Nock

9:02 AM, 29th June 2013
About 7 years ago

Apologies for my spelling in last post- bleary eyed smartphone syndrome!

Alex Chard

14:50 PM, 1st July 2013
About 7 years ago

This is happening in Coventry, and happened to a landlord I know. He doesn't use us, but I suspect he might soon as his current agent doesn't have copies of the paperwork, so can't prove that it was served.

@Gary, this particular instance I've mentioned above has nothing to do with the Superstrike vs Rodrigues case as this happened a couple of months ago.

Alan Soloman

17:54 PM, 1st July 2013
About 7 years ago

I was astounded by this article and as you say they are nothing but vultures. I have thought through this and would say that knowing a bit about the law, Common, EU and Statute could possibly thwart these vultures.

I help people who get into a bit of a mess with various matters and stop the bullying by people who use the 'ignorance' of peoples knowledge of the law to get what they want. The most recent being that of a council who issued a summon - it was issued by the council itself which is a breach of the 1911 Fraud and Perjury Act- no one can issue a document that is deemed to look like it has been issued by a court. They soon backed down and refunded the fees. It could have been taken further and the persons who actually issued it prosecuted for a criminal act - will hold off on that action for later. Debt collectors who buy debts, in 95% of the cases, do so without having the legal right to enforce the payment from the debtor but do so on the grounds of the ignorance of the debtor involved not knowing the law ( to do what they do in buying the debt has to comply with two parts of law which they often do not do)- have proved this on many occasions.

I would be happy to draft a letter template to help any landlord - there are no guarantees but it will show we will no take these vultures on face value.

20:22 PM, 2nd July 2013
About 7 years ago

hi why doesn't the scheme stiplulate they need an email for the lead tenant and e send the forms (minus the certificate) thus avoiding this situation

Mark Alexander

20:31 PM, 2nd July 2013
About 7 years ago

Hi Anna

Which scheme in particular are you referring to?

Anthony John

10:15 AM, 5th July 2013
About 7 years ago

I have already advised one Landlord who was the victim of a deposit reclaim inspired by this claimline. It turned out that the deposit of £800 was a bonded deposit via the Bournemouth Borough Council tenants deposit bond scheme. You do not have to protect this in one of the deposit protection schemes - no money is paid to the Landlord unless he has a valid claim against the tenant, then the Council pays up. The claim was ill-researched and a nonsense.
Are other local authorities adopting a bonding scheme?

Alex Chard

10:29 AM, 5th July 2013
About 7 years ago

@Anthony, Warwick and Stratford District Councils offer them, but most landlords around here won't accept them.

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