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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14320
Experience:  I have been practising for 30 years.
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I am struggling to get my deposit back from my agent and

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I am struggling to get my deposit back from my agent and landlord. I vacated end of August and since then been chasing agents (thornley groves) via emails, phone calls etc. and they have delayed getting back to me on purpose and only couple of weeks ago got back stating they are keeping hold of my whole deposit (£1500) with ludicrous claims why and i refused their claims and agreed for them to keep some of it in the points they raised and emailed them back and again no reply or response despite chasing up again and again and today they have said they are not returning despite what i emailed them about and to go through TDS. I have logged in TDS website and called them but they have advised me that as its juts out of 3 months deadline they have i cannot go through them!
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: this has left be really frustrated as i feel they have bene playing games to delay things!
JA: Where is the property located?
Customer: 14 streamside close, altrincham, manchester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, is this a free consult or do i have to pay and how much?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what is the reason they are refusing to refund your deposit?

and who has told you that you are out of date?

Customer: replied 13 days ago.
they (agents - thornley groves) sent me an email with loads of points and costs on it most of which i disagreed with! and they said the lanlord has decided to keep the deposit for these points and costs. i emailed back agreeing to a few logical points for some of the deposit to be kept and said please return the rest and they didnt get back to me for 3 weeks despite numerous emails and costs and chasing them and today they got back saying both them and the landlord are sticking by what they said and refusing to return the deposit. and they said go through TDS and when i called TDS they advised me that as im outside the 3 months limit (which again was due to the agency delays with numerous emails and calls (i have record of these)
Customer: replied 13 days ago.
what i need to know is if i can take legal action against the agency and landlord to claim my deposit back and what the process is and also the 3 months delays running around they have given me, is there any compensation for this as im outside the country and been constantly calling them, chasing them, emailing them wasting time effort and money!
Customer: replied 13 days ago.
if i do go down the legal route what will the costs be and will i be liable for them or the agency and landlord?
Customer: replied 13 days ago.
if you think there is a case to pursue, happy to call and discuss details and proceed with this.
Customer: replied 13 days ago.
??
Customer: replied 13 days ago.
are you going to respond back?
Customer: replied 13 days ago.
its been over half an hour since i replied to you

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

 

The Landlord is in control of your deposit and therefore you need to issue Small Claims Court proceedings against the landlord as first defendant and the agent is the second defendant.

 

You need to put in writing that they have until four p.m., this Friday the sixth of December 2017 to refund your deposit to you failing which you will issue court proceedings without further notice.

 

www.moneyclaim.gov.uk is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline expires.

 

 

There really is no point in entering into copious correspondence. You may find both the landlord and/or the agent becomes more cooperative when the court proceedings land on the doormat.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

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