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Deposit Not Protected - Going To Court


Rufio

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HOLA441

Hi all,

I am about to go to court to get back the last part of my deposit from my previous landlord. Moreover he did not protect it!

These are few clarifications I need before proceeding:

- As the claim will be about getting back the outstanding part + deposit not protected, MCOL said the online claim is not appropriate in this instance. It is true?

- In my case is the N 208 the best form? Shelter says it is. I read that most of county courts accept N 1. As I am claiming firstly the outstanding part of the deposit, is the N 1 the appropriate one?

- The law says there is the possibility to have up to 3 times the amount of the deposit if it is proved that the landlord has not protected the deposit using a valid TDP. What amount I should claim? £ 3,000 each anyway? The fact that we are waiting for the last part of the deposit (£ 270 only) can be an issue?

Thanks!!

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HOLA442
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HOLA443

Be prepared even if he court rules in your favour you might still not get back the money unless you resort to bailiffs etc....happened to my son in the small claims court. He and his flatmates won their deposit back from the agent (before the days of deposit protection schemes) but they didn't get their money back and were so p***** off with the whole process they didn't take it any further.

Good luck!

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