Can I get back deposit Estate Agent has unlawfully withheld?

[cornfield]

An estate agent collected my tenant's deposit (which I've since covered) but is refusing a refund. Now the agent has ceased trading after saying he has got into debt although I've persuaded Companies House to keep the company active whilst I try to claim the money back.

But how how on earth am I going to sue a company which is likely to be worth nothing? Is there a way of suing the individual and not the company?

[shell]

Re: Can I get back deposit Estate Agent has unlawfully withheld?

Depending on when the deposit was taken, ie. after April 6 2007, the deposit should have been paid into the deposit protection scheme.

http://england.shelter.org.uk/get_ad...ection_schemes

[cornfield]

Re: Can I get back deposit Estate Agent has unlawfully withheld?

I've established that the agent failed to give the deposit to the Deposit Protection Scheme.

[formerbroker]

Re: Can I get back deposit Estate Agent has unlawfully withheld?

Unless the deposit was entered into the DPS or TDS your claim will be directly with the agent.
If the company is still active and the agent was an ARLA member they would have to have a client money protection scheme in place which covers acts of unlawful use of clients monies.
you may have a claim under the client protection scheme if one was in place and the company is still active.
This is still a grey area as I am unsure of the tenant is still in place etc as if they are then technically the money is theres. If the tenant absconded or you paid them back from your own funds then there may be a relevant claim.
Although it doesnt help in this instance I would suggest always using a fully licensed ARLA member agent in future who should always provide you with proof that a deposit belonging to one of your tenants has been entered into an approved scheme within 14 days of the tenancy commencement date. This is what the law prescribes.
Hope this helps

[cornfield]

Re: Can I get back deposit Estate Agent has unlawfully withheld?

The agent is not a member of ARLA. The tenant is still in place and I've used my own money to cover the deposit which I've given to the DPS.

The only facts I have about the agent are that they have definitely closed down their website, phone numbers and emails, but but their bank which is their company name is still active. Also, after contacting Companies House, I've prevented them from dissolving. Will this help me to get my money back or should I resign myself to the fact that I've have lost the money?