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Please help re flat deposit
Comments
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I don't know if you are obliged to make copies for the other side but I was told to do so, i.e. you go in with 3 copies, you, judge, and other side.
You are unlikely to be in front of the same judge as there will be a number of them hearing cases on any one day. The cases are only allocated a day or two beforehand IIRC and it won't matter which judge sits in the case.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
The discovery stage is over, over, and over. Don't give the LL anything before presenting your side of the case.
And here I thought John Grishams books were the best legal stories ever written.FREEDOM IS NOT FREE0 -
Thanks guys - however the court official did say I had to take a copy for the other side, and maybe one for the judge. So I will have to give her a copy of our docs at the time. She has no idea what we have and I am dumbfounded she is doing this as surely she must know we have evidence of her real address????
Our main points will be:
- Letting agent never gave us servable address - show old c/o address from contract and show new c/o address from November LA fax (and staple Gloria's invoice to this for effect)
- Show dowloaded deed for property in Shoreham that has her real address
- Show letter from 11 September (letting agent) wishing to negotiate
- Show letter from October from Lewes Electoral Roll showing she's on record 05/06
- Show letter from 11 November from Lewes Electoral Roll showing she's on record 06/07
I am not sure I need to take inventory etc, as that part is over now isn't it? We are mainly proving she is at the address we filed at.MFW #185
Mortgage slowly being offset! £86,987 /58,742 virtual balance
Original mortgage free date 2037/ Now Nov 2034 and counting :T
YNAB lover0 -
Don't forget her statement that she never received notification of the court preceedings at her alledgedly *serviceable address". This, to me, is an admission of guilt that the address wasn't serviceable and that she didn't comply with the terms of business and regulations.FREEDOM IS NOT FREE0
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having a serviceable address on a contract is one thing - are we forgetting to focus on the point at issue here - EL - is going to court to get her deposit money back.
The court said she was in the right and ordered Mrs D to pay up. The money has not been paid. The claim is disputed. While the "address buisness" was important in the past - "Mrs Danvers" is now in court in person (hopefully).
The judge may well show no interest in the legality of the addresses on the AST - this is not the legal point he is there to look at.
If Mrs D is now contesting the court's earlier decision, (albeit on the grounds of non-delivery of documents) then the inventory is important - as this is the crux of the case.
EL says house is acceptably clean on handover.
Mrs D says it is not.
The judge will decide - and on balance your behavour EL has been absolutely impeccable - hopefully the judge will see that - but this is about LAW and not good/bad behaviour.
All the best girl, stay cool !!!0 -
I would agree with what Pru said, looking back at this, the discovery phase is over. I would take 3 copies into court with you, I didn't say give her a copy before hand. I would also think it is procedure to all have a copy of a given document so that all parties can read and refer to the same document to discuss any points raised. I'm surprise that the court official said "maybe" to a copy for the judge - flippin' 'eck it's his (or her) courtroom, what he says goes. Not giving him a copy would be very discourteous IMHO, and you don't want to do that.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
clutton wrote:having a serviceable address on a contract is one thing - are we forgetting to focus on the point at issue here - EL - is going to court to get her deposit money back.
The court said she was in the right and ordered Mrs D to pay up. The money has not been paid. The claim is disputed. While the "address buisness" was important in the past - "Mrs Danvers" is now in court in person (hopefully).
The judge may well show no interest in the legality of the addresses on the AST - this is not the legal point he is there to look at.
If Mrs D is now contesting the court's earlier decision, (albeit on the grounds of non-delivery of documents) then the inventory is important - as this is the crux of the case.
EL says house is acceptably clean on handover.
Mrs D says it is not.
The judge will decide - and on balance your behavour EL has been absolutely impeccable - hopefully the judge will see that - but this is about LAW and not good/bad behaviour.
All the best girl, stay cool !!!
What???? You're kidding of course. There are two parts in this case.
The defendant already has an order against her. She is trying to set aside that order. (1) Her defense is that the court papers were sent to the wrong address. The judge needs to rule on that first. This ruling will dictate if he will even hear her other defense and have another court session (2) that she is actually owned more money than the deposit. He may elect to hear that at another time or at this session.
El needs to defeat her first defense to prevent re-opening the case.
El's proof that it was not the wrong address is fundamental to stop further preceedings.
I noticed on another forum, you had a slight go at me. Are you having a bad day?FREEDOM IS NOT FREE0 -
Not that I am an expert in the law but common sense says that if she is arguing that her address was wrong while at the same time failing to provide an address (as she is legally obliged to) she is savaging her own case. Am I missing something obvious here?0
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pbradley936 wrote:Not that I am an expert in the law but common sense says that if she is arguing that her address was wrong while at the same time failing to provide an address (as she is legally obliged to) she is savaging her own case. Am I missing something obvious here?
Exactly. If EL can stop the LL from "setting aside the judgement" using that defense - then there will be no need for a re-trial re: whether she is entitled to her deposit, as she has already won that.FREEDOM IS NOT FREE0 -
""Are you having a bad day? ""
very probably !!!!!
""whether she is entitled to her deposit, as she has already won that""
but EL has NOT had the money !! - all i was saying was, lets not lose sight of the original cause - cash in the bank for EL ..............0
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