Deposit recovery after vexatious bullying claim and no address?

Deposit recovery after vexatious bullying claim and no address?

9:05 AM, 6th January 2022, About 4 months ago 46

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A tenant of mine left my flat with about £7,000 rent arrears: £6,300 during the tenancy and another £750 or so after refusing to vacate, and only leaving after a possession order hearing date had been given.

I have a £5,000 CCJ, which he is required to pay £200 per month.

I’m trying to reclaim his £1,265 deposit, but he is contesting this saying that I bullied him to leave before getting a possession order by threatening him with court action (!) if he didn’t leave.

He is refusing mediation, and the deposit company say I can only recover the deposit with a court order. Unfortunately, I don’t have an address for him.

How can I get a court order to recover my money without an address for him?

Many thanks

Tom



Comments

by Ian Narbeth

9:53 AM, 6th January 2022, About 4 months ago

Tom, it is not bullying to "threaten with court action". It is a proper response to a debtor or someone who is in breach of contract.
Show the CCJ to the deposit provider and ask them to escalate it to the head of legal.

by Simon M

11:28 AM, 6th January 2022, About 4 months ago

Please name the deposit company. You're more likely to receive a reply from a landlord who's solved the problem with the same company.

It also helps everyone else to learn which scheme doesn't understand the nature of letting.

by Chris Novice Shark Bait

12:07 PM, 6th January 2022, About 4 months ago

I have a current situation with the DPS with whom I have lodged a formal complaint. It is apparent that they operate a didactic hands off digital service which requires fully internet savvy landlords and tenants alike. It has taken months for them to escalate the complaint to the FCA. Had I not persisted, then I would be a lost complainant by attrition. It is a long story which I would be willing to share if relevant.
Regardless of the outcome I have told them that I will never use their services again. It beggars belief. Certainly the DPS do not understand the nature of letting in my view. Are there any that do, because I need to know?

by Heather G.

12:37 PM, 6th January 2022, About 4 months ago

A few years ago we had tenants leave 2/3 months early as they bought their own house so refused to pay any more rent or bills as they said they had spent all their money on their house. They also left it in a poor state which meant we had a void while we carried out remedial work which we had to pay for. I contacted mydeposits by phone, explained the situation and they released the insured deposit back to me without quibble (I assume I had to send them the AST but don't remember now).

by Chris Novice Shark Bait

13:08 PM, 6th January 2022, About 4 months ago

Tom, 2 deposit services already mentioned. Who was yours? If you are willing to share, this discussion thread could prove really useful. I also have a claim pending through a no deposit option on one of my properties which is a first for me, and I am anxiously awaiting the outcome of their arbitrators 6 months on, where I have had to foot dilapidation costs in order to re- let, and some were probably due to wilful damage to a ceramic hob. These things are sturdy, it looks like it was deliberately smashed by a hammer, I am told they dropped a can of bake beans on to it. As if? The possible wider scope here is which deposit services, custodial or by subscription fee offer the best and most prompt service fairly to both tenants and landlords, because they will get my future business. After all these legal requirements were imposed upon us, because a minority of landlords were abusing the old freelance system. We suffer the consequences, with delayed re-imbursement which often falls well short of the mark.

by NEIL T

13:53 PM, 6th January 2022, About 4 months ago

Reply to the comment left by Heather G. at 06/01/2022 - 12:37
Would it not have been a good plan, now that they're homeowners, to sue for the remaining rent and any photo recorded damage caused in excess of the deposit monies, or am I missing something?

by Seething Landlord

19:42 PM, 6th January 2022, About 4 months ago

Tom, if it is the DPS their t&cs clearly state:
We will not release any part of the Deposit unless
i. all Parties have agreed to us doing so; or
ii. there is an undisputed Statutory Declaration claim; or
iii. there is a Decision from an Adjudicator; or
iv. we are passed a court order which refers specifically to the Deposit and/or the
Scheme Administrator and the amount of the Deposit to be paid out; or
v. such release is permitted as a result of a failure by either Party to comply with our
Dispute Resolution Service procedure.
Whether or not it is the DPS you would have been well advised to ask the court to make an order in line with iv above when you obtained the original CCJ. It sounds as though you now need advice on the best way forward if the step suggested by Ian Narbeth does not produce results. I suppose that one consolation is that they will not release the deposit to the tenant either.

by wanda wang

21:44 PM, 6th January 2022, About 4 months ago

According to my experience with DPS, never use them again. waste your time to prepare and submit documents.

by Seething Landlord

21:49 PM, 6th January 2022, About 4 months ago

Reply to the comment left by wanda wang at 06/01/2022 - 21:44
No more than if you were preparing Court proceedings.

by James T

23:09 PM, 6th January 2022, About 4 months ago

Reply to the comment left by Chris Novice Shark Bait at 06/01/2022 - 12:07
Hang on, the DPS are regulated by (and answerable to) the FCA? Funnily enough they haven't mentioned that to me!

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