DPS repaid tenants deposit after counterfeit court order submitted

Tenancy Deposits

Hi, I was recently informed by the DPS that one of my tenants had been refunded his deposit. I was surprised at this as the tenant had given me no indication whatsoever that he required his deposit back, he was however several months in arrears with his rent, he has now moved out and l do not have information regarding his new address.
On enquiring with the DPS why they had refunded his deposit they informed me that the tenant had supplied them with a copy of a Court Order instructing them to refund the deposit and they had no alternative but to obey the Court Order.

I pointed out to them that this was likely to be a counterfeit Court Order which the tenant had produced himself, however they were not interested in pursuing this possibility. Around a week later l obtained written confirmation from the Courts to say that indeed it was a counterfeit Court Order and they suggested that the police should be informed.

I forwarded a copy of the Courts reply to the DPS and asked them to compensate me for their negligence in not ensuring that this Court Order was genuine. They still maintain however that they were not at fault by returning the deposit.

I am now considering making a claim against the DPS through the small claims court could you advise me if you think this would be successful, the deposit was %C2£360. I can provide copies of emails with the DPS and a copy of the counterfeit Court Order which the DPS provided if you would like to see these.
Regards Mike

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