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View Full Version : The DPS won't accept Court Judgement, please help



Fiona1
26-09-2011, 13:38 PM
We would be very grateful for some advice. After a very long process of using Money Claim Online to withhold our tenant's deposit, the court has awarded in our favour. However, despite stating in the claim form and application notice, the requirement for the court order to refer to the deposit and DPS, it does not do so. The Money Claim Online administrators say that it is a standardised order and is produced electronically, therefore it can't be varied. The DPS say it isn't sufficient and we have been bouncing back and forward. We would rather not use the single claims process due to previous experience and we have already paid out for court fees so are very frustrated. If anyone can help with a way forward we would be very grateful.

MrJohnnyB
26-09-2011, 13:41 PM
Presumably you made no reference to deposit in your claim?

Fiona1
26-09-2011, 13:47 PM
Thanks for your quick reply, we referred to the deposit in the claim form and application notice as follows: 'The deposit is currently held by the Deposit Protection Service. We wish to withhold the defendant's deposit of £750 which is currently held by the DPS. We wish for the DPS to release £750 in full to me as per the terms of section 7 of the tenancy agreement. the DPS require the court order to include a reference to deposit and DPS scheme administator'.

The administrators on the Money Claim Online helpline are adamant, however, that the judgement order is standardised and no-one can amend it, it is printed electronically. Hence we are not getting anywhere.

Many thanks for your time, hope you can help us with this.

Paul Gibbs
26-09-2011, 14:36 PM
This is one of the difficulties where (I assume) you obtained default judgment.

You could try writing a letter to the court for it to be considered by a judge. If that does not work then you might have to make an application to vary the order. The downside is that this will incur a further fee of £40.

Fiona1
26-09-2011, 14:50 PM
Thank you Paul, we will try writing to the judge first. Thanks for your time.

Wickerman
26-09-2011, 19:27 PM
Do not be afraid of the single claim route - presumably the tenant is not going to object to the return, especially when you could enforce the debt now...

Fiona1
26-09-2011, 20:45 PM
Thanks for your message, unfortunately the tenant has tried to dispute repayment all along, despite owing several months' rent. Unfortunately our experience ofthe single claims (at another property) has led us to believe it favours the tenant.

Fiona1
28-09-2011, 14:02 PM
The DPS have since sent an email saying that they have unsuspended the deposit and on this occasion we can use the joint claim route (which we did in the first instance until our tenant disputed repayment). Could anyone please offer advice on whether we should do this or request it to be suspended and stick to the court route?

Snorkerz
28-09-2011, 20:24 PM
Is the order for an amount larger than the deposit?
Do you believe the ex-tenant has assets to cover the order?

westminster
29-09-2011, 10:36 AM
The DPS have since sent an email saying that they have unsuspended the deposit and on this occasion we can use the joint claim route (which we did in the first instance until our tenant disputed repayment). Could anyone please offer advice on whether we should do this or request it to be suspended and stick to the court route?

If you mean that the DPS have said you can use the 'Joint Deposit Repayment' process, then presumably the T will dispute it again. And assuming he does, the choice is either ADR or the court, - and you already have a court order, so I can't really see the point.

Why not apply to vary the order? Or, if the T is working, you could go down the usual enforcement channels and apply for an attachment of earnings - you have an order, after all, and it doesn't matter whether that money comes from the deposit held by the DPS or direct from the debtor.

Chessy
29-09-2011, 13:08 PM
I stopped using moneyclaim online years ago. Dealing with the Northampton admin centre was like hitting your head against a brick wall.

I now just take them into the local county court and they check the documents for me before processing them. If there are any hiccups along the way they sort them out for me with no fuss.

Costs a small amount more but the time and hassle it saves are well worth it!

Fiona1
29-09-2011, 19:57 PM
Thank you all again for the help, I seem to have been going round in circles! I've written to the court and will apply to vary the order if this isn't successful. I will also use the local county court if the need arises, thanks Chessy.