Please help re flat deposit

EagerLearner

Hiya C - wll I am not sure of the lingo but apart from the original court form (the blue one) which we filled in applicable to both landlord and letting agent, we haven't presented anything additional for this case against her/landlady.

I was thinking to include the original inventory inc invoices/receipts from August 06 (and clarify that this differs from the inventory paperwork she submitted in Jan 07) and probably the 3 letters we sent before court action, plus the negotiating letter we then got back from her after filing court action stating she wanted to negotiate via letting agents. I think those 3 aspects are most important and we don't want to 'overegg' things as that will allow her more ammo to bring the tone down I should think.

If anyone has any thoughts this would really help me out as on Tuesday I can come back refreshed and read what everyone has suggested - thanks guys, countdown starts next week.

Guy_Montag

EagerLearner wrote: »

Hiya C - wll I am not sure of the lingo but apart from the original court form (the blue one) which we filled in applicable to both landlord and letting agent, we haven't presented anything additional for this case against her/landlady.

I was thinking to include the original inventory inc invoices/receipts from August 06 (and clarify that this differs from the inventory paperwork she submitted in Jan 07) and probably the 3 letters we sent before court action, plus the negotiating letter we then got back from her after filing court action stating she wanted to negotiate via letting agents. I think those 3 aspects are most important and we don't want to 'overegg' things as that will allow her more ammo to bring the tone down I should think.

If anyone has any thoughts this would really help me out as on Tuesday I can come back refreshed and read what everyone has suggested - thanks guys, countdown starts next week.

I'd submit the lot
1) shows she's trying it on with a faked inventory (lying to the court!!)
2) shows you've tried to solve this before goinh to court & through negotiation

you're doing yourself down if you don't submit this stuff.

olly300

I agree with Guy_Montag submit every single bit of paper work including receipts, emails, letters and envelopes with postdated marks/return to sender written on it from returned mail that you have.

Your case is judged on the balance of probabilities and if you can prove from lots of evidence that it is likely the landlady has a distorted view of the facts then you will win.

BTW whatever you do don't call her a liar in court. How you behaviour will also have some influence on how the judge speaks to you.

Guy_Montag

The more I think about this, the more I think you'll regret not submitting every piece of paper you have that supports your case. You'd be distraught if you walked out of court feeling that "if only the judge/magistrate had seen x,y,z it would have gone our way".

If she has given you anything that weakens her case or makes her look bad, unreliable or just plain stupid - use it. There's no point in worrying about bringing the tone down at this stage, you're going to court, you need to win - you're the inspiration for dozens on this board. How often have you seen a thread with "Search for EagerLearner's thread, lots of good advice there"?

Good luck

catewithers

I agree completely with Guy. I would always err on the side of having everything there and submissable than be kicking myself that I hadn't included something and then realising it could have made a difference.

olly300

Guy_Montag wrote: »

If she has given you anything that weakens her case or makes her look bad, unreliable or just plain stupid - use it. There's no point in worrying about bringing the tone down at this stage, you're going to court, you need to win - you're the inspiration for dozens on this board. How often have you seen a thread with "Search for EagerLearner's thread, lots of good advice there"?

In addition remember most judges have seen these cases before which is why the deposit schemes where set up.

If the OP submits every bit of paper the judge can decide for themselves the relevant bits to the claim and the other documentation will help paint an image of the landlord as she is.

You will only bring the tone down if you start name calling when you speak about her i.e. calling her a liar.

EagerLearner

Hi everyone thanks so much - will start all that when we get back on Tuesday and send everything as you say - here is what I have considered so far - we will provide 3 copies: one copy for court, one for defendant and one for us:

- Original check-out inventory received in January 07 from defendant (better than ours from 2004 as handwriting is hard to read0
- Original invoices/receipts from August 06 (as we did not receive the check-out inventory in August, only in Jan 07)
- Our 3 letters asking for our deposit from August 06
- The returned envelopes we have - one of which marked 'Not Called For' (essential)
- The e-mail she sent us after our letter #2 showing us the breakdown of costs which also proves she knew we were planning to go to court
- The letter from letting agent AFTER court case started offering to negotiate

I can't think of anything else right now, as it's us that have written most stuff, she has not provided much that we can use.

Have bottle of champers to celebrate Mr EL's birthday in the morning and will then let him know we are off to.... Milan at 4 tomorrow afternoon! He thinks we are just going for dinner... we are, just that it's real Italian food...! Back Tues - have a great weekend all, your support will be invaluable over the next 4 weeks x

hjb123

Hope that you have a great weekend and that Mr EagerLearner is surprises and enjoys the weekend. Am sure you will be glad to be away for a while

catewithers

Wow! Milan! Fabulous! Have a great time and relax.

clutton_2

how was the weekend EL ?? - lots of romance i hope !!"