I recently moved out of a flat I was renting and have since found out that my landlord neglected to protect my deposit in a deposit protection service. He now claims to be in an IVA and not have any spare cash to pay me back. What is the process for me to recover my money? Should I initiate legal proceedings, contact the provider of his IVA or some other course of action?
shame on your landlord im sure it is the law now to put a tenants deposit in a deposit protection service,so you may well be able to start some legal stuff against him,was it just you who didnt get their money back or others as well,surley you are now a creditor and he should have put you down in the iva,at the end of the day if he has no money what are the chances off getting yours back ?
never cment on me speling its rubbish and i didnt go to schola lot okk
made bankrupt 1st august 2012 at 10.00am
now disharged so bankrupt no more thank god im free of debt now
You could contact his IP in the first instance. If you type his name into the Insolvency Register (can be found on google), you'll get the name and email of his IP. Good luck x
By law you are entitled to 3 times the deposit amount because he did not register the deposit in one of the safety schemes. Make sure that your claim against him is for that amount not just the deposit amount. Even though he claims to be in an IVA there is nothing stopping you taking legal action against him if he refuses to give his IP details and his reference number.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
3 times the deposit amount you say thats good,if he is now in an iva,would you now become a creditor only getting a proption of the money back,or could you sue him outside off the iva,making him sale an asset he has maybe
never cment on me speling its rubbish and i didnt go to schola lot okk
made bankrupt 1st august 2012 at 10.00am
now disharged so bankrupt no more thank god im free of debt now
As a depositor you should have been notified of the IVA so you ask the IP why you were not notified when the landlord knew you were a creditor. If there are others this could be a breach.
Speak to the IP to see if they were notified of your deposit. If the IVA has been breached and it fails then you can claim from him directly by serving a statutory demand (if he owes you more than £750 which I guess he would do). Chances are he will not have any funds to pay you but there may be assets to take into account for bankruptcy proceedings.
It is dreadful that the landlord never secured your deposit - you gave him that in good faith for his security over your upkeep of his property and he does this to you - shocking. Hope you get your money back one way or the other - please let us know how you get on.
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.
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This is a post IVA debt and you are not bound by the terms. You can issue proceedings against him and he has no protection from the IVA. It might be worth speaking to your local CAB and issuing a small claim against him.
As the IVA was already running then you are not legally bound to it's terms (oops, Michael has already said this).
Anyways, you can make a claim against him in the small claims court, You need to download form N1.
The following taken from the web site:
Completing the form
Complete the form carefully. It's best if you can type it, but if it's handwritten, use black ink and write in capitals. Read HM Courts Service form N1A Notes for claimant on completing a claim form on the HMCS website.
You are entitled to add the court fee and interest to the amount you are claiming. If a solicitor prepares the claim, other charges may apply that you can also add to the claim.
The claim form must be signed by you or by someone authorised to sign for you.
Issuing the claim
You can send or take the claim to any county court. You should note that if the claim is defended the case will be transferred to the defendant's local court.
If the claim is for £25,000 or more, you may use the High Court.
You should supply three copies of the claim form to the issuing court. If there are additional defendants you should send a form for each one.
You will have to pay the court fee up front.
Court staff will check that everything is in order. If it is, the claim will be given a number and served.
Find your local county court on the HMCS website.
You will be awarded 3 times your deposit plus costs, that is a given. How he will pay it back is another matter.
Good luck.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
Assuming we get a judgement against him in a small claims court, how would we go about actually collecting that money? Bailiffs? Some other way?
He currently owns 4 rental properties that we know of along with a home that he owns jointly with his wife. I'm not sure if he has any income beyond the property.
I don't think there will be an 'if' on the judgement as it is legally cut and dry. As to how you will get your money back is up to the clerk of the court or bailiff. He will have to declare all his income, so it could be that he is ordered to pay an amount each month. If he stops paying or doesn't even make a payment then the courts will take action against him. You may have a wait on your hands for the money.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
