5 complaints - New Jersey, Massachusetts - Jersey City, Hackensack, Cambridge, Union City, Newark, Leonia, Morristown, Bayonne, Oradell, Englewood, Rochelle Park, Succasunna, Cliffside Park, Ramsey, Rutherford, Wayne, Dumont, Kearny, Caldwell, Ridgewood, Hasbrouck Heights, Westwood, Wyckoff, Fair Lawn, Teaneck, Closter, Park Ridge, Maywood, Mahwah, Oakland, Teterboro, Secaucus, Newton, Elizabeth, Weehawken, New Brunswick, Passaic, Vernon, Orange
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"I sent a copy of the General Form of Judgement or Order to the DPS and was advised under their terms and cooiitdnns (which I have never seen before) they cannot release the deposit as the order makes no reference to the DPS, but does state the landlords name."It does not appear that the DPS also told her she could apply for an amendment to the order. Which would have been more helpful.
I think the DPS are probably wrong and have mdeonisrstoud how Schedule 10 works. What is more it is alarming to hear all this nonsense about third party debt orders and whether or not the court has ordered the scheme administrator to pay the money over.First a third party debt order would be useless since the DPS do not hold money which they owe to the landlord (ex hypothesi they owe it to the tenant). Second, schedule 10 most certainly does not require a court order, nor would a court have the power to make such an order because, until judgment, there is no duty on behalf of the DPS to pay the money over. Schedule 10 does not require that the DPS are a party to proceedings, it specifically supposes they are not.Of course the court could _now_ order DPS to pay money which they now appear to owe to the tenant and to pay the tenant's costs in obtaining that money from them.The DPS's terms and conditions aren't binding on the tenant because she is not a party to them nor can they be used to override the DPS's duty.I'd strongly urge (I wonder if you can feed this back) that the DPS take proper legal advice on this point. I have explained clearly why I think that the DPS are wrong. Even if I am wrong on that point, they need to think carefully about it.
I hate these people. Truly hate them. I hope something bad happens to them.