Please help re flat deposit

barnaby-bear

prudryden wrote:

HIGH NOON IS APPROACHING. " Do not forsake me, oh my darling!" Gary Cooper - where are you??

I can't decide which I want more:

a) her to win or
b) a further installment (beats neighbours!)


11:36am and EL just thanked this post - scared I might have an accident so excited....

hjb123

Anything beats neighbours at the moment!

I want her to win - I know it should put an end to everything for EL but further installments just drags it on longer - but is interesting reading!

-monky-

ooh EL has thanked everyone who has posted up to 11:30...that must mean she's out of court...(or somebody nice hijacked her account )

.....edge of seat here....

hjb123

Same here. Noone is getting me off this computer yet!

jhxmt

If my network connection goes down now I swear I'm going to explode!

EagerLearner

Hi all,

Sorry to say it hasn't ended yet.

The sneaky LL managed to convince the judge that she knew nothing about the case until 'recently' as she has been 'in and out' of hospital.

The judge asked her where she was in October when the court notification letter went to her and she claims she was with 'family' and he asked her where she lives and she claimed she lives in 'Devon' (!!!!)but has been with 'family here and there' due to being in hospital in October. We mentioned she was in hospital only for a week in July but this seemed to fall on deaf ears.

The judge asked if the address on file is her address and she said it is but she 'rents it out' only to later say that in October it was 'empty' but also that 'friends and family' come 'in and out' of the property.

In the end he asked her for her actual address for the court papers and she gave the c/o address that is Glorias. We pointed out it was a c/o address belonging to her decorator and the judge said it would not be admissable because it was c/o. He then asked her where she is residing and she said 'that address'. He asked if it was constant residence and she said 'on and off'. So we mentioned to the judge that as it was c/o was it permissable, and he then said that as he had it on file that this was the address she had given verbally, it would be logged on file and that would be where correspondence would go to from now on!!!!! Even though he had said c/o wasn't permissable!

He also mentioned the claim against her should have been made at the letting agents address stated in some sub clause of our tenancy agreement??? We were completely confused as we would have never gotten hold of the slippery woman had we done that.

In the end he said she now has 14 days to put forward her defence. We asked what if she doesn't reply or the judgement is in our favour, given we now have a c/o address to write to how do we get hold of her and he said we now know of 2 of her properties to take action against if needed.

You would not believe how sneaky she was (some of you already suspected she would be). So in the last 6 months, she hasn't been at that address or had any correspondence with the 'family and friends' collecting her mail??? She's been unaware of this aaaaaaaaall along??? The letting agrnt solicitor said they were in touch with her 'day in day out' - so how come she knew 'nothing' of this?

She had Gloria there and also landlady's daughter as witnesses but the judge did not let them in.

We now have to face the next 2 weeks and prepare for that. I can't believe this is still ongoing.

It means she plans to bring in the daughter and Gloria as witnesses for the case and clearly try to get even more money out of us.

In terms of the decorating invoice being at the same address she is 'residing' at we now think she will try to say 'we did the decorating ourselves to reduce the cost', whereas in fact what they did was redecorate because they fancied it.

I guess the fact that we started the case is good, the fact we have no photos is bad.

PS: ARLA have confirmed receipt of our claim and are looking into it.

sooz

and the saga continues..........unaware my a#se.

prudryden

First: Is it worth it to appeal against this decision?

-monky-

EL you've done great so far, don't let this minor setback discourage you. Think how long it took you and how meticulous you have been in formulating your case. She now has 2 weeks to get something better than you have. Unlikely.

Well done for getting this far, and chin up, now it begins to rely on real evidence. She might have been able to convince the judge on this, but now the case is judged on its evidence. And we all know the strength of yours versus hers!

zebulon

well well well ....

unbelivebale
yet not so surprising

But let's say it's a begining ...or the begining of the end, something like that.

did she have any docs? or was it all talking/mumbling from her ?
It sounds so evasive what she said !!!!