DPS released deposit without consent

My tenant was evicted by bailiff on 9th April 24 (S8 G8). When I received the repossession order in January, the Judge ordered that the money held in the DPS should be paid to ourselves. After the eviction, I contacted the DPS whereupon they asked for a copy of the court order, replying back that they needed a second copy, with a court stamp. A couple of weeks later I obtained the stamped copy and went to email it to the DPS. I then found an email from them from a week before in my spam folder, informing me that they had released the deposit to the tenant.

I have challenged this with the DPS, as I have definitely not authorised the release of the deposit. The DPS have responded that the tenant applied for the deposit (despite the court order) and adamant that I have authorised the release of it.

The tenant of course is not responding to any of my correspondence.

Is there any way I can dispute this further?

Completely disgraceful of the DPS to do this.

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Write an official complaint to the DPS. That should result in them paying you the deposit funds. If not, look for an ombudsman that oversees their work.

There is no ombudsman for these services
I tried before
Last times the telephone handler asked me what an ombudsman was!

They handle complaints internally, under the carpet….

Maybe it’s time we get the landlord association to lobby for an ombudsman !..,

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Hello I beg to differ, the Financial Conduct Authority regulates government back deposit protection companies. You will need to contact DPS with a formal complaint and allow them the opportunity to investigate and either resolve or report back why they can’t resolve. If unsatisfied then take it to FCA and ask them to investigate and if they have been negligent FCA should make an award in your favour. And if unsatisfied with DPS and FCA reports you could instigate a claim against the DPS via MCOL but would advise you to consult a solicitor before proceeding as a magistrate would consider the ruling of the FCA.

That’s useful to know
I was shut down by their internal complaints procedure and I was left at a dead end.
They actually refunded money to the tenant after that the tenant agreed to pay in writing after admitting damage.

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Now is definitely the time to contact the FCA, there seems to be a clear mishandling of money in their care.


Thanks for the replies. I’ve been with the DPS around ten years, and never had a tenant request the release of a deposit.

Surely there would be a notification from the DPS, via email, saying the tenant had started the process for me to go to the website and authorise the repayment?

Other than the email saying that they had repaid the deposit (and those relatingto the court order), I have had nothing.

Thanks again.

Yes, Lynn, the DPS should’ve emailed you (unless that also went into your spam?).
I left the DPS after the one ane only time I went to dispute. They talk about “evidence” being required of LL’s - but were happy to accept Tenants’ complete lies on some issues with NO evidence (none existed). For the (only partial) refund I received from my very reasonable claim, they managed to get their arithmetic wrong by omitting one element they agreed was payable to me - which they wrongy paid to the Tenant! I did get it back from them eventually.
They also allowed tenant’s out of time responses, with no valid reason for delays.