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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
A holding deposit is exactly that to hold the property pending credit checks. If toy decide not to proceed you loose the deposit, however if the other party decides not to rent to you then you are legally entitled to you r full deposit back.
Therefore send a formal request to the agency, if they refuse then send them a formal letter before claim letter I have attached a template you can use to save you going to a solicitor.
If they still refuse then you can take out a money claim against them. Thos would cost I think £35 you can claim that back as well.
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Hi Bruce, Please find the copy of the Email that I have sent to them on Monday 22nd Re: Request for a full holding deposit refund. I hereby write in regards ***** ***** above subject. After some careful consideration to your explanation concerning the holding of my deposit funds due to credit checks failure. I have decided to escalate this matter further, but before I do that, I wish to ask for a refund. This is due to the fact that I am not entirely convinced with your explanation. I believe I did provide the required information in truth and to the best of my knowledge at the time I filled the application form and furthermore through my phone conversation with ***. A holding deposit is that which is used to hold the property pending credit checks. However because you decided not to rent the property to me, then I’m legally entitled to the full refund of my deposit. According to the trading standards, one could lose their holding deposit if he decides not to go ahead, or don’t take reasonable steps to agree a tenancy by the deadline. The landlord or agent can only keep a holding deposit if you: ⚫️decide not to rent the property ⚫️misled the landlord or agent ⚫️fail a right to rent immigration check For example, you should still get your holding deposit back if you fail a credit check, provided you told the truth about your situation. In light of the above, I would like to formally ask you for a full refund of my deposit. Sincerely ***
That sounds fine, well written.
In this case the previous advice give would all apply.