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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3776
Experience:  Owner at James Bruce Solicitors
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I had no clue what was in my credit file history, But I knew

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I had no clue what was in my credit file history, But I knew that my credit score are bad. when filling up the agency forms I have declare having CCJ. How much or How many I filled not sure. Then agency phoned me up to put a UK guarantor. After they finished up checking my credit file come up with 2 CCJ. Agency then phoned Landlord and advised him not to go on with my tenancy application.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I phoned the agency asking for my holding deposit back and they told me that I failed to declare those found so I wont get my refund. if I am not happy I could send them an E mail
JA: Have you talked to a lawyer about this?
Customer: I haven't got one. Lawyer will ask money as I have already lost £400. holding deposit
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They asked me if I had CCJ when we were discuss on a phone and they advice me to have a guarantor. why now they turn the table on me and they ripping my deposit, while a landlord choose not to proceed my tenancy application, and told me If I am asking my deposit back I should go back to agency as he did not take or given any money from them and they are the ones advised him not to proceed further on me.
JA: It makes things fair because you are showing good faith with the deposit and the Property Lawyer is showing good faith by spending time helping you before they're paid anything. They only get paid if you are satisfied.
Customer: what is your advice

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.

https://www.gov.uk/make-money-claim

.

Customer: replied 10 days ago.
Thank you Bruce, I will do as you advise, that will be tomorrow and I will let you know the outcome. Have a good night

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and other Law Specialists are ready to help you
Customer: replied 6 days ago.

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.

Customer: replied 6 days ago.
Thanks Bruce.
Let's wait for reply back and we will take it from there.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 2 days ago.
Thank you J Bruce.
So far the letting agency decided to act quite or Ignored my Email, as no any response from any one. What is the next step you advised to do. Thank you
Abdul

In this case the previous advice give would all apply.