New deposit laws

Fire_Fox

chili2001 wrote: »

Well the 14 days for him to respond is up today. It looks like he has ignored the letter I wrote and is just waiting to see what we do next.
The trouble is that I have had legal advice and this law has been so badly drafted that not only will it cost a LOT of money to go to court, I can also be exposed to his legal fees if I lost. I could however just take him to the small claims instead but I couldn't use this law then. Something to do with which claim forms I fill in.

I don't understand this bit, can you expand on which law and which courts you mean?

clutton_2

it is my understanding that you will take the case to the small claims court... that is not hugely expensive at all... thats the whole point of it....

neas

please update us when you sue his !!! off

mlz1413

OP I believe your claim is only for £840 and then it is up to the judge of the court case to decide a) who wins b) what fine or penalty is payable by the guilty party.

Therefore you should be starting a small claims court order, you can do this via the court, most documents can be printed online but the court will post them to you or try Money Claim Online which is really easy to use.

chili2001

Sadly I cannot do it that way I have been told the CPR state that claims for non-compliance with deposit protection must be started using Part 8 procedure/form N208 which is the multi track route and can be very expensive.
I could still go to the small claims for withholding the deposit but as I understand it I couldn't use this law as a reason so would still be my word against his.
If it's still not clear, see
http://painsmith.wordpress.com/2009/05/ ... ds-claims/

mlz1413

Then I guess it depends on what you can afford, claim for your deposit, which is the value you wanted back originally and its £60 online or £65 if court issued, this is added to the cliam with interest if you win.

Fast track & multi track are £200, but having used this method via my work there are futher fees when you fill in allocation questionaire and for hearing fees of £200 each = £600 to get to court. Then its up to the judge if you get legal costs back regardless of if you win. (Saying that our case was transferred to the small claims court and the judge added all fees and interest when we won).

You do not need legal representation but of course you can have it if you want.

I think as you want to go for the princple then use the company that will charge 15% no win no fee, as this is the safest finanical option.

mrsdarbs

can I just ask - in your contract does it state 'deposit' paid or one month in advance?

I am asking as this is the clause for landlords to get out of the deposit protection scheme?!

chili2001

mrsdarbs wrote: »

can I just ask - in your contract does it state 'deposit' paid or one month in advance?

I am asking as this is the clause for landlords to get out of the deposit protection scheme?!

it just says the deposit of £840 paid

mrsdarbs

If the actual word deposit is used then yes you are correct in thinking it should be protected. I'm not sure how this affects you with regards to the original tenancy agreement, but as that has been renewed? Someone on here should be able to help you though.

Best of luck!

chili2001

Just writen to him again outlining out disapointment at the first letter being ignored and telling him we were not going to let this go.

I filled in and printed off court form N208 and enclosed it saying we would give him another 7 days out of courtesy before sending the forms to the court to start procedings against him unless he sends our full deposit back to us.

I don't know if it will do any good but its worth a try. Anybody know of a good no win, no fee solicitor that would take on this case if it went to court? I only really wanted my original depost back but if he wants to drag this out I want to take the !!!!!!! for the full penalty to the word of the law + interest + court fees. Should work out well over 3 grand.