ccj

[denweave]

On trying to rent a property, the Estate Agent's ref company say there is a CCJ against me from October 2008 but cannot provide me with details of it. I've tried Experian and Online Trust which come up negative and feel I'm banging my head against a wall!! The Estate Agents say my £300 holding deposit is non-refundable because of this - can they do this?

[ubasses]

The Estate Agent is not permitted to tell you what the information is as he does not own it. However he must tell you which Company he used for the search to enable you to apply for the information from them . I do not know about Estate Agents but Banks used to hold a stock of the forms to give to customers to send off to experian. Once you have the infomation you have the right to have anything incorrect amended.

[tonywiltshire]

There are three main credit agencies Experian, Equfax and Call credit check.
Details of which agency was used should be provided on request, if the organisation which say you have a CCJ refuse to inform you which agency they used see if they are members of a trade body and report them.

I expect the deposit you made was a holding deposit, which probably would have been deducted from the security deposit, there is often a term that states the holding deposit can only be returned if you are unable to move in for reasons beyond your control, and having an alleged CCJ would not be accepted as outside your control.
Sort out the alleged CCJ, and then sort out your property.

[Buenchico]

For a fee of £4 you can search the Register of England and Wales Orders & Judgments for details of any CCJ against you:
http://www.trustonline.org.uk/search-yourself
(That website is run by a not-for-profit company in order to provide the public with access to public records).

Chris

[denweave]

Thanks for info.......... but as I've not signed any Estate Agent paperwork, can they really keep my £300 hold deposit??

[tonywiltshire]

den, Are you saying the agents took the £300 holding deposit without explaining to you what it was or giving you some sort of receipt with conditions?

[denweave]

I have had no receipt, they initially gave me Tenant Guidance Notes which under the heading "reserving the property" states i had to pay non-refundable hold deposit by Bank transfer

[denweave]

Also today I have noticed the Estate Agent is still advertising this property to rent on his website, surely the whole point of my £300 hold deposit is for property to be removed from adverts? I viewed it initially over a week ago, plenty of time for it to be removed?

[tonywiltshire]

As mentioned den the condition is usually that the holding deposit is refundable only if the reasons for you not proceeding are beyond your control.
You may want to live in the property rather than the return of the £300.
Therefore show you do not have a CCJ and proceed or show you do not have a CCJ, and as they refused you the tenancy due to incorrect information, it is beyond your control, and obtain the return of the holding deposit

[denweave]

Thanks for all the advice... watch this space!!