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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, The saga for the deposit continues months

Customer Question


The saga for the deposit continues months later. I entered a single claim - they did nothing. They are now claiming - via their agent - that I am delaying the process and taking the wrong approach. According to the DPS it's a simple matter for them to call the DPS and have my single claim cancelled and submit one of their own, but instead I got the following:

Dear Sally,

I am disappointed to see that you have not activated a reversal of the Single Claim process as stated in your recent email and that the funds still remain in limbo.

This is NOT the appropriate way in which to move forward as it is used ONLY where one party does not respond to the other. Both your landlord and ourselves have emailed on many occasions to encourage you to either agree the amount sought or to put the matter in the Resolution Process where any disputed sums are decided on by the DPS Tribunal.

The method you have chosen has prevented the other side from taking any action to resolve this matter and yet you have also failed to move forward yourself by failing to return your sworn Statutory Declaration and Evidence Bundle since you made your application in September.

Please will you now CANCEL your Single Claim and either make a claim for the return of your entire deposit or any amount which you feel is reasonably due to you. We will then respond on behalf of the landlord to either agree or reject the amount. If it is rejected by us, you should then resubmit your figure and at that stage we can respond and place the matter into Dispute. Even this process will take approximately 8 weeks to finalise.

Sincere regards

The DPS were quite clear on the procedure, the landlord's agent apparently doesn't need to wait for the statutory declaration, and can proceed to cancel the claim without anything further from me.

I'm very confused, and thoroughly sick of them. Please help!
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there any reason why you can not just issue proceedings please?

JACUSTOMER-ndiu7djk- :

I reissued another single claim at the beginning of this week, and another sort of claim just today.

Alex Watts :

Ok - I dont understand what you want to know?

JACUSTOMER-ndiu7djk- :

It would be easier if I could provide you with the previous correspondence I had with Vincent. That might help put it all into context.

Alex Watts : Yes I have already seen that but I do not understand what your question is today?