Taking former landlord to court

Snowyemma

Surprise surprise, LL has ignored the court documents!!!

Just filed my request for judgement online. Just hope the judge reads my original claim document, otherwise there's no way of them knowing I want my deposit released from the DPS rather than direct from the landlord!!!

Not much longer to go... I hope!!!

mand1976

just read this, we are about to start this process tomorrow! theses LL should be stopped!! good luck.x

EagerLearner

Good luck Snowyemma - here's to victory!

Snowyemma

One step closer... The court's accepted my application for judgement, and a copy of the order has been sent to numpty boy LL!!! :D:D

Only thing now is I'm not sure how to go about getting the actual deposit back from DPS... :huh:
According to the notes on the HMCS Money Claim Online (the small claims court website), the warrant can only be issued if the defendent fails to pay what he has been ordered to pay- but I'm wanting the deposit (£463.34) to be released by the DPS, not direct from numpty boy... The only money I'd hope to get from him is the court fees, but I'm not interested in pursuing him for the sake of £35 (or £90 including the warrant issue fee, if that's necessary)!!!

Attempting to find info on the DPS and the HMCS websites just now, but if anyone's got any advice, please let me know!

Snowyemma

Well, the DPS information is clear as muck!!! With regards to court orders issued online anyway. Here is the info on their website:
"Can I send The DPS a Court Order for the deposit to be repaid?

If you are seeking a judgment in the county courts against your Landlord/Agent or Tenant, and intend that the deposit held by The DPS be paid to you in satisfaction of the judgment, it is required that you ensure that the final Court Order includes a term which refers to the deposit, or the scheme administrator holding the deposit and a direction as to how much of the deposit/all of the deposit is to be released directly from the scheme administrator to the successful claimant. If the final Order does not include reference to the deposit, or to the scheme administrator, The DPS will be unable to release the deposit until either the Order is amended, or the single claim route is followed."

Although in my original claim form I said I wanted the money returned by the DPS (and quoted my deposit ID number), when I applied for judgement online, there was no-where to enter anything other than the amount of money I was wanting back, so it looks like the court has requested the money back from numpty boy rather than from the DPS. I'm not sure whether my original claim form will prove enough in mentioning the scheme to make them return my deposit to me... :huh:

I've emailed the DPS with copies of the claim and judgement, but I'm guessing they may well request hard copies of these before they even give me an answer as to whether they need a warrant or not!!! I'll do that if I have to, but I'd rather avoid paying the £55 I'll never see back if I can possibly help it. I've also emailed the HMCS to see if there is any way for the judgment to be edited to include mention of the DPS. Awaiting replies...

Why is nothing ever simple????

Snowyemma

Well, I've heard back from the DPS... The good news is the email seems to have reached someone who knows what they're talking about, in the right department, who was able to use the emailed documents. The bad news is they need a copy of the court order itself, which for some reason I don't have access to via the HMCS website... :mad:

Still waiting to hear back from the HMCS themselves- hopefully they'll provide me with the information I require in their reply...

Snowyemma

I have in my possession:

1) A notice of Judgement Entered, stating that: "In accordance with your request, judgement was entered against the Defendent."

2) An email from HMCS, stating that: "You only need to mention the scheme on your claim form. It is not required when entering judgement."

So by my reckoning, I just need to send copies of each of these to the DPS (I'm about to do so by recorded delivery...), and I'll be no more than 10 days away from getting my deposit back in my bank account!!! :j

I may just be cynical, but I can't help but think something's going to go wrong... Will keep you posted whether I'm finally successful in my mission or not!!!

Catblue

Keep at it, Snowyemma. :beer:

This thread will be useful info for other people who find themselves in a similar situation.

EagerLearner

Snowyemma - hope for 10 days but allow for 10 weeks... then you won't be dissapointed if there are delays! Fingers crossed x

Snowyemma

Well, I've put everything in the post, so now it's just another waiting game...

Interestingly enough, I've just logged into the DPS website. Last time I checked, I'm sure the status of my deposit was listed as something like "Disputed claim". It's now changed to "Suspended"... I'm guessing it's coz they now know I've taken numpty boy LL to court, and that there's absolutely no way he'll be able to get his hands on it now!!!

Another interesting little fact I gained from my ex-neighbour the other day... The flat in question, that I was given notice for coz numpty boy wanted to use it for "storage", is apparently now occupied by 6 immigrants... That place was small for 1, never mind 6!!! Got nothing against them, but I'm wondering if numpty boy has got a multiple occupancy license... :huh: