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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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My son and daughter are waiting deposit to be returned

Customer Question

My son and daughter are waiting for their deposit to be returned from The Deposit Protection Service and have been since moving out of their rental property on 30 March 2015. My daughter in law has rung them on numerous occasions and was originally told it had been transferred to their bank however the bank had not received it. Today she threatened to take legal action against them and was the told their was a system error so the money had not been transferred! they now say it could take up to 10 days before they receive it! This has caused a great deal of stress for them as well as expenses in calls, and not to mention I had to lend them money for their deposit on their next property!
Could you please give us some advice on any action that can be taken against them!
M Munson
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What action are you hoping to take?
To recover what specific loss? Or do you believe they won't pay?
Customer: replied 2 years ago.
Hi Jo
Thank you for your quick response, this has caused a lot of stress and emontial worry and expense of phone calls etc for them as this can cause them to lose their next property If payment is not recieved.
Expert:  Jo C. replied 2 years ago.
I am really sorry but there is no claim on that basis.
Clearly they are late. The landlord is not late. It is the deposit service that have failed here. You may be able to act against them for being late but you only have a claim for the sum of your actual loss in situations such as this. Emotional distress is not a head of compensation in the UK. The expense of phone calls might be claimable but now that most people don't have itemised bills it becomes much harder not least because any proper claim falls away now that she has been told of the prognosis.
It is also possible that you would have a claim of daily interest but even combined with the cost of phone calls that would be a sum of less than £5 and it would not be well received to issue for such a small sum. Some Judges at the small claims court could make you pay your own costs as a punishment for doing that.
That is not to say that you cannot complain. In fairness, it doesn't take ten days to make a transfer so obviously they can act faster than that if they choose.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?