Please help re flat deposit

Wickedkitten

Hiya EL.

I don't know if it is too late to do this but look into it

http://www.hmcourts-service.gov.uk/infoabout/claims/howclaim/interest.htm

EagerLearner

Thanks RabbitMad - I feel the same way in terms of her counter-claim being so weak, the word 'dust' is repeated so many times in the inventory that it is clear that (maybe) cleaning would have applied but the rest is wear and tear, but then, with building works in the flat 3 weeks prior to moving out we couldn't get every last bit of dust from wverywhere. I mean, they even said 'top of doorframe' dusty - that's going so low!

I think we have a while to go yet before you get to stop reading this thread - for now you are a great part of it and you have plenty more to read

EagerLearner

Thanks WK :T - we are already claiming interest on this no worries - don't know if that continues by the day though. I mean, is it still counting right now... who knows, I don't really care about that part though to be fair, although every bit extra helps make up for all the stress of these last 7 months I guess.

Wickedkitten

EagerLearner wrote:

Thanks WK :T - we are already claiming interest on this no worries - don't know if that continues by the day though. I mean, is it still counting right now... who knows, I don't really care about that part though to be fair, although every bit extra helps make up for all the stress of these last 7 months I guess.

Anything that annoys her more is great in my book :beer:

clutton_2

EL - you will get an Allocation Questionaire - its part of the process

it will ask

do you want to postpone for one month so that dispute resolution can take place

do you want hearing in the court already specified or do you want to change it

is small claims track the one you want

will you be bringing witnesses

do you want to ask court permission to bring an expert witness

dates you cannot attend a hearing

other info - ie additional info you want the other side to supply, or further evidence from yourself, or replies to the defence

fee enclosed

i have 2 weeks to fill in questionaire if i dont want to go to mediation

from now on, time frames are very tight, so the end IS in sight !!!

EagerLearner

Now I know why she asked the newsagents for them to pay up 3 months rent in advance - because she had to pay letting agent for the solicitors THEY used in a small claims case that got dismissed... I will bet anything they told her that they would win it, and get those costs back... and that she should 'see how their court case goes' before responding to us herself.

Then their court case got dismissed, no fees were awarded and they still billed her, and she was forced to respond to us AND pay their solicitor costs.

There is no way they hired a solicitor in December that she would have to pay for, without discussing this action with her and keeping her informed along the way. She KNEW they were going to court against us in December, waited for the result then 48 hours later she appeared out of the woodwork and suddenly got worried about it all - claiming she knoew 'nothing' about the case.

EagerLearner

Thanks C - I guess we have to factor in a £100 fee then for the Allocation Questionnaire then... We didn't pay council tax this month, so we have the cash to 'invest' in the claim.

clutton_2

EL - i have just phoned the court, and was advised to write a letter to the court, explaining that i have only just heard of mediation and had i known about it earlier, i would have gone for that, and can i ask the judge to waive the £100 fee.

Presumably, if mediation does not work, and i have to go back to court, i will still have to fill in the Allocation Q. for £100 - so i am risking £50/£100 for 1 or 2 hours mediation being successful - if it fails i am £100 worse off, and i do not know if a judge would allow those costs if i win in court.

But to be honest, the whole court thing is a gamble - but, as i have said many times before here, your honesty shines thru, and the judge will see that.

You will lose nothing by writing to her to invite her to mediation - if she refuses - its more ammunition against her. If you do decide to try this, give her 7 days to respond in writing to you.
best wishes

thesaint

EagerLearner wrote:

Thanks C - I guess we have to factor in a £100 fee then for the Allocation Questionnaire then... We didn't pay council tax this month, so we have the cash to 'invest' in the claim.

You don't have to go this route, you can simply go as you are and not pay any more.

clutton_2

thesaint - please can you explain a bit more for me and EL !!!