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Rach83

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About Rach83

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  1. Hi Dorkinds, The DPS never said anything about the single claims process so thank you for mentioning it to me I have logged onto my deposit today and started a single claim. Thank you for your help.
  2. Hi there again, I've posted a few times here about a dispute with my LL i will go back over the threads and link the posts in for people to re - read its a long story so ill add a short version below. Just to go over quickly - My LL wants to keep my deposit at first he wanted a whole new bathroom suite fitting (for the sake of a cracked cistern lid) He's now added more things to his list such as cleaning & professional redecoration he's not consistent in what hes claiming for and seems to be trying anything to keep the deposit. He never completed a check out inventory untill 4 weeks after we moved which we also have not signed or agreed too. We have asked him via the DPS site to take it to the alternative dispute resolution department and also 2 times in writing. To which he has declined. Our last letter from him threatened us with a small claims court (again) to which we agreed too (again) but he seems to be dragging his feet now. We wrote a long letter to him on the 20th Sept and resent it last week recorded delivery as we've had no response from him. We've given him to the 17th of this month to respond on this date it will be exactly a month since we had any letters from him. What should my next step be if he doesn't respond? I've rang the DPS and they have said if he doesn't contact me or them with in 6 months i can claim the whole bond back with out the need for the resolution department or court to get involved. They also made it known to me that on the 10th sept they sent him a personal email asking him to agree to the alternative resolution department but he's not responded to their email either. In his last letter he informed us that he would be seeking the full amount from us in court and also any financial losses such as his mortgage for the time that the property is stood empty which upto now stands as 2 months almost. Can he claim for this when its not us that is slowing the process down its him? I really wish he would just bite the bullet and agree to the alternative resolution department - along with his last letter he included photos to us to back up his claim for the money so hes more or less sent us things that the ARD would be interested in seeing plus there help is free where as a small claims court he'd have to pay. Any advice?
  3. Hi again I've a new thread with a update - Please give it a read and let me know what you all think please http://www.housepricecrash.co.uk/forum/index.php?/topic/226677-nightmare-with-dps-landlord-help-needed-please/
  4. Hi again guys - Following on from this thread - http://www.housepricecrash.co.uk/forum/index.php?/topic/226524-landlord-and-tenant-advice-dps-resolution-rejected-by-landlord/#entry1103088610 ON Thursday I had a email from the DPS stating that my X Landlord had issued another repayment request - we have already been throu this last tues / wed iv declined again and issued a payment request back to him in which hes declined- I then asked him AGAIN to use the resolution service.(i did at this point have it in my head that there was no other option but court as the customer service advisor from the dps told me to follow the single claim) This morning I have received a letter from him He states on this letter that "A full inspection" had taken place and they have compared the condition with a "check in inventory" and conclude that theres a number of contraventions of our tenancy agreement which they advise us to refer. I really don't think we have the same contract - as in my Tenants obligations section of my agreement it states - "For the avoidance of doubt the tenant will not be responsible for - Fair wear and tear to the property" (now that is our decoration and carpet issues covered from his First letter so how have we "breeched" our tenancy?) The cistern lid issue I am awear this is classed as damaged is this what hes referring to in his above statement? He has also said on his letter "you have rejected our claim with the DPS (they kept requesting the £500 which we disputed but then declining help from the resolution service when we suggested we take it there) he says on the letter that there is a number of times allowed to request the bond back (is there?) He then has wrote saying "to move this issue forward we will collate all quotations, and if your decision remains to retain the bond we will have no alternative other then to seek judgement for the full cost of the repairs via the county court" What the hell? As said in my other thread (link above) the judge wont look on it very well as hes declined help from the resolution service. So my questions here are - Can a "full inspection"(i take it he means check out inventory) be done with out the X tenants there 2 weeks after they have moved out? If so Shouldn't we be provided with a copy of this "full inspection" and expected to sign/ agree to it? Is there a limited number of times they can request the bond back via the DPS? Also is there anyway I can take this to the resolution service alone? I was under the impression that we both had to consent to it but he keeps decling this offer. Again Iv put a link up top to my previous post - any help or advice would be great. Sorry if it all seems a little long winded (again) I'm really not sure what to do at this point, - please help
  5. Hi again, Thank you everyone for your replies i am a lot more confident to what I was this time yesterday. How it was broken was the toilet is placed right under a window, I had a glass Vase on the window cill with fake flowers in, one evening i had the window open and it was quite windy I forgot the window was open went to bed and was woken by a massive crash (I did at first think someone had broken in) but the vase had hit the cistern lid which caused it to break and the vase smashed. I must admit the lid was like pot very strong and sturdy not like they are made today. I read the article about the Wilson's and it amazes me how far people would go to get money off people or scam them! No doubt ill be back with more questions soon I've opened a single claim case via the DPS and waiting for the paper work to come via the post. Thank you.
  6. Hi everyone, So you all think I have a good case to stand in court? It really does take the mick what he suggested in his letter. Even down to the carpets hes wanting to charge us full price with no deductions for general wear and tear but on saying this - I wasn't aware that there is a margin for wear and tear and they have to make some allowances (and im not sure if he is if im honest unless hes trying to pull a fast one on us) - I suppose you live and learn! Thank you for everyones advice upto now.
  7. I have no photos of the decorative standard in house. I'd be happy paying 50/50 for the painting but i do want to challenge his letter against the check in inventory as on there it has 6 pointers saying there was cracks to walls/paint work and even mould in the corner of one room so really in my eyes this is proof that the house was not in a good decorative state to begin with. There's no check out inventory. (we've signed nothing on moving out) I do intend on fighting this further I'm usually just one of those poeple who follow what others say and at one point he had us believing we would have to pay it wasn't untill I mentioned it to a distant friend who is also a private landlord who then pointed out this was wrong on so many levels! I have a feeling that he is wanting to improve the house as he wants to sell it, he also had a rental property behind our old house which has just gone up for sale (infact the board has just appeared yesterday) if hes wanting to sell our old house can he still do so even thought were disputing the bond - surely it would not be wise of him to start improvements incase court or who ever requires more evidence etc? Thank you to those who have commented upto now - its been a great help.
  8. Hi Gloom monger, It's £500 for the deposit! Do you have any suggestions for websites offering free advice? I've tried ringing shelter today 3 times but I just kept being told they where busy and to call back later. I really need legal advice really as I don't think the points hes stated are a valid reason to take all the bond, but then again I've not been in this situation before so know very little about this and all the in's and out's. Thank you for your comments.
  9. Hi if this is in the wrong area please excuse me! This area is a little grey to me and i have no idea whats what properly, so any advice would be great from others who have been in this situation or had experience of this - I ended my tenancy on the 20/08/2016. last week on the 25/08/2016 i received a letter from the landlord saying he wanted to keep our bond and then the reasons stated - one reason was because we had broken the cistern toilet lid but, due to the bathroom being old it was discontinued therefore they wanted a whole new bathroom suite and this would be taking from our bond! Another point they had on their letter was that they where disappointed at the way the decoration had been left therefore needing a whole house professionally re painted / decorated....on our move in inventory at the start of the tenancy it stated 6 points that where was cracks to walls, mould in the corner of one room and damage to paint work - the house was not freshly painted when we moved in. He also quoted us for 3 new carpets, now when we where shown around by the old tenant she claimed she had carpeted the house from her own back pocket we lived in the house 3 years and she was in a year previous. Now iv been to the depsoit protection scheme and proposed a despute is raised and the department of resolution was to be informed / used for free help to us both to resolved the issues if he accepted....... HES NOW DECLINDED the offer of any help from the scheme our bond is held in! Meaning i now have to go to a solicitor and make a single claim etc.....by the looks of this the issue will end up in court - has anyone taken things this far before? and the issues iv posted above here is he able to get away with this and what hes suggested above? I see the points quite unfair but im not aware of what im dealing with and a lot advice is needed here. I'm really not sure he is aware of what the scheme can do for us nore do i think hes aware it could end up in court unless hes trying to pull the wool over my eyes cause when it was first said about the depsoit when we moved out he made out to me that he had full access to him and it was him that had to ok everything (which i later found out was untrue and i had access to it) A little side note my landlord added my hubbys name as the lead tenant on the scheme information so now when i ring the scheme they wont chat to me directly i have to get the hubby to call up to chat to them and to ok me talking on his behalf. I cant understand why the landlords done this when it is both our names on the tenancy agreement but my bank account that pays the rent and bond. It feels like hes made it hard for us to gain contact with the DPS by doing this above! Any help would be great! Thanx for reading i must add that weve always paid our rent ontime in advanced etc and in my eyes been good tennants.
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