Please help re flat deposit

EagerLearner

Thanks Irnbru & all - however, what's the point of quiting that Law to the legalhelpline when the judge has already made his decision?

I really don't get why he didn't force her to give a proper address - proof of a bank statement or credit card. As she was so evasive with him about being so many places, surely he would have tried to pin her down more.

EagerLearner

prudryden wrote:

My thoughts on the reason of wanting to see Council Tax Records:

If she said the property was "empty", then a savvy LL would have filled out a form which the council provides, swearing that the property is empty and either unfurnished or furnished. If unfurnished, she would get 6 months exemption on the council tax.

If she had the exemption, then she either lied to the council or lied about not receiving the mail. If she didn't ask for the exemption, who paid the tax. If she paid it, then she should have received the mail. If someone else paid it, then someone else lived there, and it was an incorrect address.

Again, thinking out loud here.

Tx Pru - the letter itself had 'empty property' on the envelope written by the postman, so I think that seals that sadly re the judge as this was his primary evidence to remove the judgement, regardless of what the council have on file - what do you think?

dancingfairy

I am sooo cross. I can't believe she has wriggled out of it this far again (well sadly I can believe it) - she is clearly completely dodgy and is a thoroughly nasty piece of work. I hope she gets her compupance soon, this is ridiculuous, it's blatantly obvious to all of us she is guilty. The question is proving it all without doubt.

BobProperty

EagerLearner wrote:

Tx Pru - the letter itself had 'empty property' on the envelope written by the postman, so I think that seals that sadly re the judge as this was his primary evidence to remove the judgement, regardless of what the council have on file - what do you think?

I think this is a main part of the reason the judge has set it aside. Looking through what has been said, I read it this way: The judge partly for reasons of natural justice, accepts that there is a possibility that she never got the notice. That may be all that is needed, a possibility. Therefore he has set it aside. What he has done though, is said that the c/o address is "the address", so given that he says that is her address as far as this case is concerned at present then that is the address you use to write to her between now and the next hearing. (not that I think you will need to, or want to). Given that the judge has said this is her address and she has not offered a different address, you would presume that's where the court papers for the next hearing will go. At the next hearing, when you win, you can ask for recovery of your money any way you are allowed including a charge against a property she owns (I wouldn't go that way but that's another story). What she will not be able to do again is pretend she hasn't received the court papers as she accepted that the c/o address given in court was her address. So if she doesn't turn up next time you win and she won't get anywhere contesting it.

EagerLearner

Hiya, thanks BobProperty - yes, I do agree that the judge saw it that way too.

Now we have to focus on the next hearing. I presume this will rely on when she submits her defence, so we should hear soon-ish.

I really am at a loss as to exactly what we will be able to do apart from state that we didn't damage the property. With no photos, for all I know she could have made the place filthy after we left and then gone in with the agent and taken photos - I honestly wouldn't put it past her. As it was her daugher that checked-out the property with the agent, I would have thought they would be less biased, but as it's her daughter prob not.

The fact that the agent doesn't say a thing to her about how much she plans to charge is outrageous. Nor did they get her to provide 3 quotes for each item. Don't they have to do that re charges deducted from a deposit?

I am calling that legal helpine later and just want to round up issues I should ask them - process of deposit deduction will be one of them, any more you guys can think of?

Voyager2002

Don't be too downhearted by today's result. You already have ample evidence that your deposit should be returned, so you should win at the next hearing. And now, after the judge's ruling on the c/o address, LL will not be able to wriggle out of it again.

thesaint

What's the use of a CCJ against a c/o address, can you ask judge for address her bank acocunt registered at.

CCj's are not registered at addresses, they are against the person(s) involved.

clutton_2

how terribly disappointing for you - but, as ever, you are not too downhearted !

re "being the other side" - i think you must assume that she will lie thru her teeth, invent damage and may well produce doctored "photos".

A friend who has taken 10 people to court thru his business has lost 5 won 5. His view is that it is nearly always one person's word against another. Your own obvious honesty and integrity has shone thru on this thread - why should it not do so in court ? Judges are very good judges of character - they have seen it all.

Any judge is going to wonder why you would go to ALL this trouble, time, expense, frustration, time off work etc etc if you were not truly convinced that you are entitled to the deposit back.

Your wonderful courage has inspired me to issue a summons against someone who has been taking the mick for months - so whilst you were in court today, i was in the court offices !!! thank you.

EagerLearner

Thanks C *beams* - yeah, it's not been the result we wanted but at least it's dragged her into court. Although I must say I feel a bit bad because she did drop into the conversation that the reason she was in hospital so much was a cancer diagnosis - now, whether she actually got diagnosed with it, or it's still being looked at, it's hard to say. Either way, no doubt her daughter hates our guts for the stress (and seeing as the daughter did the check-out, in court she will no doubt be a nasty witness).

If it's true though, it's not something I wish on anyone - this is a cliche, not even on my worst enemy 9which she is right now).

Glad I inspired you - seems like lots of folk are getting something from my posts, it's the least I can do to pay you all back for your patience, advice and time you spend trawling here and elsewhere for information for me :T

EagerLearner

thesaint wrote:

CCj's are not registered at addresses, they are against the person(s) involved.

Excellent :beer: I wasn't aware of that. I guess that means then that the CCJ could well revert back to the *real* address if we win? The c/o address is only for the purposes of correspondence for now - as I understand it?