GDH property management

United57

Well-Known Forumite
John Marwood said:
Even if a case is successfully brought in a small claims court against a person/s or organisation or company ( not in administration ) there is no assurance that the judgement will result in a payment

sadly
Sadly JM is correct all claims have 2 parts.

1. Getting judgment. Easy

2. Enforcing judgment. Difficult
 

bell

A few posts under my belt
Hi,

I am having huge problems on what to do next about my Deposit.
I gave my Deposit to GDH as they said they were going to put it into the DPS, but of course they haven't. No when I rang to ask them where my Depsit was I was told it is in a Jupiter Account, which only his Daniel Mcarthy has access too. So when I ask why can't he just then give me my Deposit back i was told no one could get hold of him.
I was also told at GDH that this Daniel Mcarthy was getting a loan to pay bakc the Deposits and rent ?? Mhm...
I was also told by GDH that Dan Mcarthy has run off with my money..
Ermmmm Now I am just confused and annoyed !!!!!
Then I was told for me to get my money back I would have to wait for the outcome of the liquidation meeting, which I have and i received the report and basically I am not going to get my money back through the company.
I have been ringing round solicitors and estate agents trying to figure out what to do next, and i am being told to go to small claims court but I am also being advised that I should not be doing all this my Landlord should be trying to sort it out not me... is this correct? Also I am being told that the Landlord should give me the money back at the end of my contract is this correct?
Because I am telling my Landlord this and he does not seem impressed because he is saying he has had nothing to do with the money because I gave it to GDH so its their responsibility.
Now I just keep being told different things and I do not know what to do, I just want my £595 back which is rightful mine, I worked hard for that money, and that money should have been protected.

Can someone please help me...

Thanks
 

tek-monkey

wanna see my snake?
Can't help you get your money back, but I suggest visiting their offices to talk to them in person. Preferably at their busiest time (lunchtime? Saturday afternoon?) and doing so in a loud voice. I still don't understand how the 'new owners' can take over all the rentals already in place yet not take on the debts. I would have assumed your rental contract is now void as it was with a different company, or it was fully transferred to the new one. Sound like a bunch of thieving ***** to me, and I would make sure they were aware of your feelings. But only if they are busy, no point in wasting a rant if it wont lose them business.

Also be sure to interupt them if they look like they have a potential renter there, try to disrupt things without actually doing anything illegal. Don't be obnoxious, don't threaten/slander etc. just state the facts clearly. But most importantly do it so everyone can hear. Repeat as necessary, if you can't get your money back you can at least lose them more. A moral vistory if not financial.
 

Gramaisc

Forum O. G.
No doubt Vault Girl will be along in a short while to answer bell's points, but I suspect that the landlord is still liable for the deposit, even if he has appointed an agent to handle it. I 'inherited' the 'management' of a student house when the owners ceased to live here and, because they couldn't agree on which scheme to put the deposits in, we haven't actually taken any for the various tenants since the new regulations came into force.

Also I believe that it is Jupita, not Jupiter - that might be important should you be searching for anything..
 

Vault_girl

Well-Known Forumite
bell said:
Hi,

I am having huge problems on what to do next about my Deposit.
I gave my Deposit to GDH as they said they were going to put it into the DPS, but of course they haven't. No when I rang to ask them where my Depsit was I was told it is in a Jupiter Account, which only his Daniel Mcarthy has access too. So when I ask why can't he just then give me my Deposit back i was told no one could get hold of him.
I was also told at GDH that this Daniel Mcarthy was getting a loan to pay bakc the Deposits and rent ?? Mhm...
I was also told by GDH that Dan Mcarthy has run off with my money..
Ermmmm Now I am just confused and annoyed !!!!!
Then I was told for me to get my money back I would have to wait for the outcome of the liquidation meeting, which I have and i received the report and basically I am not going to get my money back through the company.
I have been ringing round solicitors and estate agents trying to figure out what to do next, and i am being told to go to small claims court but I am also being advised that I should not be doing all this my Landlord should be trying to sort it out not me... is this correct? Also I am being told that the Landlord should give me the money back at the end of my contract is this correct?
Because I am telling my Landlord this and he does not seem impressed because he is saying he has had nothing to do with the money because I gave it to GDH so its their responsibility.
Now I just keep being told different things and I do not know what to do, I just want my £595 back which is rightful mine, I worked hard for that money, and that money should have been protected.

Can someone please help me...

Thanks
Unfortunately the staff in the office will be unable to do anything personally to secure your money and will only be able to tell you what they have been told. The deposit, which should have been paid to the DPS will have been put into a Jupita account which only the director has access to, which unfortunately has most likely been used to pay back the other debts of the company. I would seek legal advice - because your deposit has not been protected with the DPS you should be able to claim back three times its worth, though because the company has gone into liquidation you may have issues with this and I am not 100% sure what this will mean for you.

At the end of the day however, Gramaisc is correct, your landlord is still liable for the deposit even if he appointed an agent to protect it on his behalf. if your deposit is lost to Jupita limited then your landlord will be liable for it as the landlord instructed the agent to hold the deposit on their behalf and they are still legally responsible for it. I would try to explain this to your landlord as nicely as possible (they may not realise this) and try to come to an arrangement - I'm sure once the landlord realises they will be held liable (possible for 3 times the deposit since it was not protected) they will want to help in any way they can. If you landlord is not happy about this and not willing to help in any way then there is a possibility they may face legal proceedings from yourself when you claim your deposit back. It is your money and at the end of the day it is the landlord's responsibility to ensure it is protected correctly. Be tactful how you approach your landlord about this however as it will not help in any way to get your landlord riled up, I am sure they will be most upset at this news.

For anyone who is still unsure about anything or if they think they are a creditor I think the best thing to do at this time is phone the administrators and ask them directly. I know the report has said that tenants need to contact the deposit schemes directly to get their money back however TDS deposits were held BY Jupita, not TDS so I cannot understand how these funds can be reclaimed from TDS - perhaps the administrator can explain this to someone!
Begbies Traynor - 0161 837 1781

I also discovered yesterday (after getting a heads up from another ex-employee) that none of my P14s (employers corresponding P60 form) had been submitted to HMRC for the past two years and neither had my P45 so the tax which had been deducted by Jupita from my pay over that time had not been recorded! I've now got to sort this out myself with HMRC. *sigh*
 

Vicky

Well-Known Forumite
I am in a similar situation, in that my deposit was (luckily) with the TDS, however no one will help me get it back. GDH say its out of their hands, even though I handed THEM the money. I have filled in a form to claim it back, but really dont know whether they will pay out. Im just waiting.

You must seek legal advice though, perhaps start with the Citizens advice? They will speak to you then make you an appointment with a specialist, which may help. You must not give up though, I wont! Its a lot of money. Your LL probably doesnt want to take responsibility, because he never had the money in his own account (mine as said a similar thing, so Im trying to sort it out myself). Also, I think many LLs have not been receiving their rent for the last few months, so he is probably already owed a few thousand and thats why he is trying to not get involved.

Out of interest, when did you move in and pay the deposit? Because the company has 14 days in which to register it in a scheme and provide you with evidence of this.
 

UltraSBM

Not the official 2520th poster!
I'm so glad I don't rent anymore...(I thought John German were bad, insisting on inspections EVERY month!!!!)
 

ATJ

Well-Known Forumite
I was under the impression that if a letting agents or landlord does not register your deposit with a suitable third party within 14 days of receiving it, they are liable to receive a fine (payable to the tenant) of three times the amount of the deposit as well as having to sort out the deposit.

We are registered as creditors via our pursuing them in the small claims court. As the company are in administration, we can only hold out for what percentage, if any, of the debt the administrators decide Jupita can pay out after the process is complete.
 

tek-monkey

wanna see my snake?
Hammer + kneecaps = satisfaction. Again not monetary satisfaction, but you know my feelings on thieves.
 

Gramaisc

Forum O. G.
ATJ said:
I was under the impression that if a letting agents or landlord does not register your deposit with a suitable third party within 14 days of receiving it, they are liable to receive a fine (payable to the tenant) of three times the amount of the deposit as well as having to sort out the deposit.

We are registered as creditors via our pursuing them in the small claims court. As the company are in administration, we can only hold out for what percentage, if any, of the debt the administrators decide Jupita can pay out after the process is complete.
I believe that something like that is true - hence my reluctance to take deposits for the last three years..
 

Vault_girl

Well-Known Forumite
Gramaisc said:
ATJ said:
I was under the impression that if a letting agents or landlord does not register your deposit with a suitable third party within 14 days of receiving it, they are liable to receive a fine (payable to the tenant) of three times the amount of the deposit as well as having to sort out the deposit.

We are registered as creditors via our pursuing them in the small claims court. As the company are in administration, we can only hold out for what percentage, if any, of the debt the administrators decide Jupita can pay out after the process is complete.
I believe that something like that is true - hence my reluctance to take deposits for the last three years..
You may find ATJ (though I'm guessing from your other posts this isn't the case) the the deposit WAS registered with the DPS but the money was never actually sent to them. It did used to be that the staff in the office would be in charge of registering the deposit then would instruct the director to send the money across. It is very likely that this set up may have changed though.

Gramaisc, get your landlord to up an account with the DPS - it's free and is very simple to do. Then you can send the deposits for them for safe keeping (rather than you holding the deposit in your own account). It's a very straightforward process and I'd really recommend it as it protects the landlord from unnecessary charges - if there is no deposit in place then anything which needs putting right at the end of the tenancy will usually have to come out of the rent.

We also insist tenants have contents insurance with accidental damage to landlord's fixtures and fittings so that if, for instance, they put a hot pan on a worktop and burn a ring into it, or burn a hole in the carpet with straighteners, they claim the cost for replacement from their insurers, paying only the excess and don't lose their deposit.
 

Gramaisc

Forum O. G.
Vault_girl said:
Gramaisc, get your landlord to up an account with the DPS - it's free and is very simple to do. Then you can send the deposits for them for safe keeping (rather than you holding the deposit in your own account). It's a very straightforward process and I'd really recommend it as it protects the landlord from unnecessary charges - if there is no deposit in place then anything which needs putting right at the end of the tenancy will usually have to come out of the rent.
I gave them the options when it all started, but they just can't agree on what to do....
 

Vault_girl

Well-Known Forumite
Just to confirm the info when a landlord/agent doesn't register a deposit, as per http://www.tenancyagreementservice.co.uk/tenancy-deposit-protection-schemes.htm
What happens when a landlord doesn’t enter into a Tenancy Deposit Protection Scheme?
The tenant has the right to apply for details of the Tenancy Deposit Protection Scheme the landlord has submitted their deposit to. If the landlord has failed to register the tenancy deposit with one of the Tenancy Deposit Protection Schemes, the tenant may apply for a court order.
If the court agrees that the landlord has failed to pay the deposit into a Tenancy Deposit Protection Scheme they may either require the landlord to repay the deposit to the tenant, within fourteen days, or to pay the deposit into a Tenancy Deposit Protection Scheme.
The court will also order that the landlord pays the tenant (or person who paid the deposit on behalf of the tenant) an amount equal to three times the initial deposit amount, within fourteen days.
Hope that makes it more clear. I would assume the court would order the agent to be responsible for paying this, however if the agent is in administration I would assume the court may pass responsibility on to the landlord (the money is going to have to be paid back to the tenant from somewhere and since the landlord instructed the agent to work on their behalf I would assume that they would be the next one in line for responsibility.
 

Vault_girl

Well-Known Forumite
Right. I looked back through everything written on this thread and realised that there is a lot of conflicting information. For the actual process on what to do to get your deposit back from TDS or DPS go here: www.giraffehomes.co.uk/help.php
This is all confirmed info for what to do when an agency goes bust from TDS and DPS themselves. It doesn't go into things like getting three times the deposit back, it is just focused on what to do to get your actual money back for you. and what you need to do once you have it back.
It also doesn't go into missing rent or anything as basically... it's near impossible to get missing rent back. I found this on a website earlier:
In general, when a company goes into liquidation, unsecured creditors(such as clients) will get little or nothing in the end as they are low-ranked in the line for any money!
The liquidator should contact you within a week and a form should be included to allow you to register your claim.
a meeting of creditors must be held which you can attend (don't bother)
Accounts should also be included to show the position

any money left in the insolvent company will be paid out in the following order:
1/ to pay the liquidator's fees (not cheap!)
2/ payment of wages to employees, with any accrued holiday pay etc.
3/ pre-preferential creditors (HMRC) Vat 1st. then income taxes deducted from employees and not yet paid over. (if insufficient funds then the Govt can go after the directors personal assets)
4/ preferential creditors (secured bank debt etc)
5/ unsecured creditors (everyone else owed money)
6/ shareholders
the categories 1 to 5 get 100% in turn but if there is insufficient money to satisfy any one category in turn, the creditors in that category get a pro-rated dividend and any lower-ranking categories get nothing.
 

Admin

You there; behave!
Staff member
Vault_girl, myself and another senior member of this Forum were commenting the other day on how very glad we are to have you onboard. We have had a lot of new users sign up specifically because of this thread, and I can only assume it's because a lot of worried Staffordians are googling franticly to try and solve their tenancy issues.

There are a few members of this Forum who are invaluable and are a tremendous asset to what is, let's face it, a completely free and thankless service. In a very short space of time, you have shown yourself to be one of these people. :)

I started this Forum many years ago because of my love of Stafford and because I wanted to bring the community together to help one another. I cannot thank you enough for joining up and all the continued support and advice you have been able to offer to local people who are obviously in such a pickle. :)

Thank you,

Admin.
 

Gramaisc

Forum O. G.
May I second that?

I don't 'skill' people lightly, but have skilled VG a few times.

Just one thing - Vault Girl? - Is it because you spent a lot of time drinking in Water Street? Or do you only come out at night, and not show up in mirrors or photographs?..
 

dawnofwar

Well-Known Forumite
Hear Hear, I just want to say that she is like that in real life too and you should be very proud of the advice you have given when far too often people only think about themselves.

I only hope this brings you good fortune for your business (karma and all that!).
 
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