This is currently a DRAFT document, work in progress.
It has come to our attention that many people are being shafted by this company and other run by Rob Ware.
I have been asked by lots of people for help how to recover stolen deposits etc. This is my advice.
I am not legally trained and this advice is my personal advice from experience. I successfully recovered over £800 from this con man and his bogus businesses.
BEFORE YOU RENT
First, before you rent from this company, go elsewhere! really, consider another company, I have not heard anything good about this company.
If you insist on doing business with this company, ensure you get a contract. Ensure the business name is valid, check the business on Company House to ensure it is not winding down. KEEP your eye on this during your tenancy.
Get a receipt for any deposit. This should be put into a TDS (Tenancy Deposit Scheme) ensure it is, get proof.
AFTER YOU LEAVE
Photograph the property in detail at the start of your tenancy. Note any damage.
Photograph it as you leave it. Record any damage and also show what is not damaged.
GETTING YOUR DEPOSIT BACK
This can be tricky if the above steps have not been done, but is always possible.
First I will say, if you caused any damage, the landlord has a right to withhold all or part of the deposit. I will not assist in any attempt to recover a valid held deposit.
The landlord has to inform you within 14 days of any intention to withhold your deposit. They will need to inform you why and justify the costs with evidence. This is why you must keep evidence of the property condition.
If they do not inform you, then legally they have waived their right to withhold the deposit (there may be exemplary conditions where this does not apply)
Ask for it back. Do not bother calling and asking them unless you have the facility to record the call. You need to write a letter before action.
LETTER BEFORE ACTION
This is a requirement before you can take it to court. It is simply a letter, that is all and should be done as soon as they fail to refund.
The letter should be clear what you are owed and why. It does not need to be detailed, just enough to be clear that you are owed money and why. The letter must also be headed ‘LETTER BEFORE ACTION’
The letter must give a reasonable time to respond, 14 days is more than adequate.
The letter must state, that failure to respond or refund within the give timescale that you will, without further notification take the matter to the small claims court.
The letter must be sent recorded to the address of the person/company you are potentially going to sue. If they do not get it, tough. You can proceed as long as you did send to a valid address. (the reason I say this is, Rob Ware has used vacant building as business addresses)
The timescale you gave can be less that 14 days if you want, but must be reasonable. You must show the court you are being reasable.
GOING TO COURT.
This is really easy, do not worry. You do not need a solicitor. The cost is minimal. I will add more details about this shortly.
Court (civil cases) are literally a room with a judge, sitting at a desk, you go in and sit down and talk to him. It is not like crown court on TV with barristers in wigs, it is simply, the judge, you the person you are claiming against (or their representative)
You have to show the court why they owe you money. If you show the judge that it is ‘more likely than not’ that you are right, you win. It is almost impossible for you to loses as long as you have an agreement with the company and can show they did not give your deposit back. They would then have to prove to the court why they didn’t give it back. If they breached the contract,they will lose. They will get a CCJ and ordered to pay you your money.