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Sep, 2014

Tuesday

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  1. #11
    Join Date
    May 2009
    Posts
    14,115

  2. #12
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    The 'correct' route is to complete N244 to request the order - but this involves a payment of £80 to HMCTS. If you can risk a delay, it is worth writing a letter to the court first asking for the order - different courts have different policies, so there is a risk you'll be told to submit the N244 + fee, but there is also a chance you'll get your order FoC.

  3. #13

    Default

    Thanks all for taking the time to reply. I got this reply from the DPS regarding my query:-

    "Please be advised that if an issue was dealt with in Court, this issue cannot also be dealt with by The DPS. I refer you to clause 29 (a) of our Terms and Conditions which state: If you obtain a Court Order against your Landlord or Tenant, The DPS will only release the Deposit if the Court Order specifically refers to the Deposit and/ or the scheme administrator holding the Deposit and includes a direction as to how much of the Deposit is to be paid to the successful claimant.

    In order for the Deposit to be released, the Court Order must direct The DPS to release the Deposit to the Claimant/Defendant. The reason for this is that, in line with legislation, we must be satisfied that the deposit monies are to be released in accordance with the Order made. In the absence of a Court Order directing us to release the Deposit to the Claimant/Defendant, there is potential that the successful party receives payment from both the other party as directed in the Order and by The DPS by us releasing the deposit monies.

    In view of the above, please can you arrange for your Court Order to be amended to include a clause that directs The DPS to release the deposit monies. Once this has been completed and received we will be able to make payment as directed by the Court. If it is not possible for the Order to be amended a Third Party Debt Order can be obtained.

    If the Court will not amend the Order, or issue a Third Party Debt Order we will review the case again."


    I'm going to go down to the court at the start of next year and see if I get lucky, if not I guess I'll have to try for the TPDO. I will post the outcome when it's dealt with.

    Merry X-mas & happy new year!

  4. #14

    Default

    Author answered own question
    Last edited by klaing; 19-12-2012 at 17:18 PM. Reason: Author answered own question

  5. #15

    Default

    I am also having trouble with DPS, geared towards the tenants 100%, dont really want the landlords to get money due.
    No wonder there's so many slum landlords!

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