Please help re flat deposit

prudryden

liz545 wrote:

EL - When did you say your next court date was - was it next week? If she hasn't sent you copies of her defence you should contact the court and advise them so. Tell them that you haven't had the opportunity to prepare properly because of this, and you'd like to have this noted, and if possible, a sanction to be imposed because she is failing to comply with the court's direction. You're supposed to have a fortnight to review the other party's documents, and failure to comply with this should be taken seriously.

Are you sure? I don't believe the defendant has to do that. She should answer any specific questions raised by EL, and, if she doesn't, the judge would not be pleased, but I don't think it is required.

A partial defence should be on the court papers which I believe the court sends to EL.

MJMum

Wow, that was an epic read.

Well done to EL for sticking with it.

We are currently in rented accomodation...and, by God, we will be taking some photos when we move out! (Have already video'd the leaking roof, which is another whole story.)

EagerLearner

Hi all and welcome to the CrazyHouse MJMum!

Liz - we don't have another court date yet - the judge just said she has 2 weeks to present her side of things. I think it strange that neither the court nor her side have contacted us yet though with any news on anything.

May call them tomorrow as we attended on 17th Jan and a week later still nothing.

irnbru_2

EagerLearner wrote:

Liz - we don't have another court date yet - the judge just said she has 2 weeks to present her side of things.

I assumed that meant you were back in court on the 31st. After all, who's the LL going to present to at the end of this period?

liz545

prudryden wrote:

Are you sure? I don't believe the defendant has to do that. She should answer any specific questions raised by EL, and, if she doesn't, the judge would not be pleased, but I don't think it is required.

A partial defence should be on the court papers which I believe the court sends to EL.

When we had our court date before Christmas, with the allocation questionnaire was a letter informing us that both parties had to send a copy of their statement and key documents to the court and the other party within two weeks of the court date. The court will send them if you don't and they're lacking, but I think you're supposed to send them yourself?

hutch610

Phew what a thread took ages to read now curious to find out endng

franklee

Hi El,

Like others I'd also like to say you have done very well to get this far.

It seems clear that this landlady is going to use every trick in the book to wheedle out so I wish you all the best for the next round.

There was one trick I read about happened in another case that I think worth mentioning. The OP like you was making a small claims court claim against a slippery character who just before the hearing offered a settlement. But this settlement was by cheque and there wasn't enough time for the cheque to clear before the hearing. The advice was not to accept as the OP would cancel the hearing and then the slippery character could then cancel the cheque. So if you are offered settlement then be wary and if you want to accept (not that I think you should) then make sure you get cleared funds before cancelling any court action.

the_big_fact_hunt

bleeeeeeeeedinellllllllll................ just finished reading this saga only to find out that the wife ran off with my dog and the kids have all grown up!!!

God how i miss my dog!!!!!!!!!!!!!

hope you sort this out soon and then start a new claim for compensation for every single stamp, parking ticket, pen, pencil, ounce of sweat, and anything else you could possibly squeeze from this disgraceful woman.

unfortunately i'm on the other end........... non paying tenants who dont want to leave peacefully!

best of luck

knowdough_2

I am a Landlord and have been letting a small number of properties for twelve years. Fortunately I have never had occasion to retain even part of any of my tenant's deposits.

I believe you have received sound advice from everyone on this forum but the time has come to go to Court. Enough is enough!

catewithers

I've just read every single post on this thread and I am overwhelmed by your courage and by the level of support and sense of community that is evident here.

My husband and i are currently looking for somewhere to rent after being separated for a year, partly due to financial problems and the impact on our marriage. I SOOOOO hope our future landlord turns out to be just a little bit nicer than yours was. But if not, I sure know where to come for help and advice!

Keep going. I am rooting for you.

Cate x