Deposit Protection Service Fraud

[indie_chick5]

I am a student currently living in shared accommodation. We each paid our letting agent �360, �300 for the deposit and a �60 processing fee, in June last year. However, the letting agent only gave the cheques to the DPS in April this year. I know this is against the law, but where do I go about it? I've seen the CAB already, but as this counts as fraud (they have done it to all five of us in this house, let alone all the other students in their rented houses), I want to take it further. What rights do I have and how do I go about proving that they are lying? The letting agents have also stated to the DPS that our tenancy term is 3 months, it's not, it's 12 months. They are clearly lying and have been enjoying the interest all 5 cheques (at least �1,500). Thanks for any help!

[cassa333]

June to June 12 month. April to June is 3 months.

Other than they were very late in putting the money into the deposit scheme what is the probloem? It's not as if it was earning any interest!!

What are the rule for the deposit scheme? Do they have to deposit it within a spacific length of time? Isn't the rent protection scheme voluntary?

For the moment my last comment would be..... At least they put it in. They could have done a runner with it and you would have been out of pocket.

[cassa333]

Forgot to add If no one is out of pocket why do you want to take it further?

[Hazel104]

Forget about the interest - they do not have to pay deposits into a scheme that pays interest in can be an insurance based scheme, you get no interest back on these.

However at the start of the 12 moth AST they should have a paid the deposits into a scheme and within 14 days informed in writing in which scheme they were using.

As they have not done this you can take them to county court, they will most likely be ordered to pay the money into a scheme (which they have already done anyway). They may be ordered to pay you back the deposit or pay you compensation of x3 the deposit. Go back to the CAB and get advice on how to do this and what the likely outcome may be.

[indie_chick5]

Thanks Hazel. The CAB have been really useful so far but I wasn't aware that it could go all the way to county court.

Cassa, it's not about the money, it's the fact that our letting agents have been truly awful to us, the list is endless! This was the last straw. What they're doing is against the law and it's a simple matter of them being in the wrong and like a lot of landlords, estate agents and letting companies I've dealt with, it seems to happen a lot! Just want to get it sorted.

[abstibus]

Have you thought about going to the Students' Union about this? They can be very helpful, and can call on legal advice (free, I believe). You probably should talk to the Student Vice President (Welfare).

[cassa333]

Ah, I see, tit for tat.

Perhaps if you could find other tennants that have been treated in a like manner then you would have a stronger case or could get them into more trouble.