Please help re flat deposit

EagerLearner

Hi it was all talk - no docs that I could see.

It's clear she thinks she can win though, otherwise why would she bother coming back in 14 day? Why not pay up?

Can any of you be the 'other side' here - what thought process might she be having right now? What would you be preparing?

EagerLearner

prudryden wrote:

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

I don't think we can - he mainly based it on the fact that the 1st letter from the court notifying her of court proceedings was returned unopened to the court. I think he said the envelope stated 'empty house'????

jhxmt

If I were on the 'other side' right now, I'd be collaborating with my decorator friend about how much damage we can claim you caused, and how to get away with it.

Apart from that, can't think.

barnaby-bear

prudryden wrote:

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

I wonder if it's worth putting something in writing regarding the c/o address and it not being servable and now being servable. Did she look shaken by the volume of data you've been collecting?

prudryden

Empty house? I would like to see the Council Tax records. I suppose that would be near impossible.
Her thoughts: Relieved that she has set aside the CCJ- cleared her name.

If that was her goal, she may now attempt to settle. If I were her, I would prepare for the court case, and wait to see if you pull out. Depending on my evidence, I may be prepared now to offer some settlement. It would depend on how mad I was and what else was going on in my life.

EagerLearner

Hi,

But if the judge said it was servable, even knowing it shouldn't be, how can we contest that?

EagerLearner

She prob has some photos of a couple of things like the stain on the radiator (already had a stan from prev tennant which we noted on inventory) and marks on the 2 blinds, both of which we could do nothing about. Didn't warrant 3 brand new blinds.

The carpet was stained when we moved in, and yes over 2 years we probably added wear and tear but not to the tune of over £200.

The rest is all rubbish like cleaning fee (we cleaned it) / window cleaning (we cleaned them twice) / installing new blinds / painting entire flat (we did not damage any paintwork - on inventory we noted chips/marks on paintwork when we moved in).

prudryden

EagerLearner wrote:

Hi,

But if the judge said it was servable, even knowing it shouldn't be, how can we contest that?

Thinking about it, probably not a good idea. The appeal courts will generally assume that the decision was correct unless you can prove the judge overlooked some technical rules of practice. You also will probably have to pay the plantiffs expenses, whereas now, you each pay your own.

Disclaimer: May be totally off base on this.

EagerLearner

Not only that but I know for a fact all her bank statements and c/tax bills go to that address so she is lying through her teeth. She often mentioned 'the house' in Horsham in terms of when we called her 'let it ring for a bit as the house is huge'. Devon my foot.

barnaby-bear

EagerLearner wrote:

Not only that but I know for a fact all her bank statements and c/tax bills go to that address so she is lying through her teeth. She often mentioned 'the house' in Horsham in terms of when we called her 'let it ring for a bit as the house is huge'. Devon my foot.

Ooohh occurs that Gloria may well claiming single person council tax discount .... tell the local council you suspect CT fraud and she's registered the address as her residence in court.... all the more hassle and people snooping...