Please help re flat deposit

Guy_Montag

EagerLearner wrote: »

Thanks John and really appreciate your time as I know you have alot going on, it's helpful to hear other points of view given that we need to get this paperwork out soon.

Any responses to above in pink and any further comments much appreciated

Yeah, I had three folders in mind (one for each of you), them & some dividers will cost around £2 from tesco. Apart from anything else, if you were given a well presented binder by your ex-LL it would be slightly intimidating, it shows you're serious & determined.

If you submit everything in this, keep it organised & learn which document is in which part (little post-it notes sticking out the top of the most important docs will help - for you only), you should be able to access any document in seconds & direct the others (judge & evil ex-LL) to the section it's in.

Another top-tip (from presentations), I'm not sure if it's relevent, but when it comes to going to court take a bottle of water with you. If you need to think, say something like "excuse me", & take a sip of water - it gives you a moment to collect your thoughts before you reply. Don't over use it though or people will think you're dehydrated.

Guy_Montag

EagerLearner wrote: »

Another question:

Should we start with oldest documents first, back to newest

or

newest documents first, back to oldest?

For now we have oldest documents first, so that reading through you then come to the newest stuff at the back.

That makes sense to me, but put the document schedule in first, then the events schedule, then the documents old to new.

If there's things that aren't really relevent to the case, like correspondence with the letting agent, put into a seperate section at the back as supporting evidence or "included for completeness". That way you won't be caught out by an awkward question - better to have to spend a while looking disorganised trying to find a document than to wish you had brought it in the first place.

EagerLearner

Hi Guy,

Thanks so much for your guidance, it's exactly what I need right now as I guess the nerves are building up - whereas you are cool and collected!

I will get 3 sets of dividers asap, I think 10 part ones will do, and 3 of those skinny ringbinders to put each set of documents into.

Important stuff will be at the front inc schedules, at the back will be a section for correspondence (letting agent only, in date order). So far we have documents 1-9 to present, should we place one document under each tab, as we have a 10 part divider? Then part 10 for supporting evidence?

Am at a clients today, tomorrow and Friday, nightmare to find the time to get the dividers and ringbinders, all I had thought to do was have some treasury tags (which I have already).

I may have to arrive late with the client tomorrow in order to buy these bits.

Hoping that by Saturday all this will be resolved and out the door...

dancingfairy

When you get your money back how will you get it? I believe some (or all of these have been mentioned) CCJ? Attachment of earnings? Balifs? Forced to sell rental house to repay you? Charging order on the property? Can you ask the judge in court to grant you these? When he announces you've won can you say 'thank you your honor' may we apply for ..... as we are not cofident she will pay up?
Good Luck
P.S I have finished my exams and they went well so hopefully this will be true of the court case and we can all celebrate.

Mrs_pbradley936

I would include everything but to keep it simple I would have an appendix. In other words things you know you will need in one section and things you might need in another.

clutton_2

if the judge orders wicked landlady to pay up within x number of days, and she does that, then no further action is needed and she will not have a CCJ against her name. Lets all hope that is the outcome we need !!!!

dancingfairy

What happens if she refuses? then what? what good is a ccj? It's not going to get El's money back is it?

wizzkid_3

I STRONGLY agree with Guy and John about the presentation in binders, yes 3 of them. Even if they are never opened up, you have the info there in front of you. This will give you tons of confidence. Did the LL have one last time in court?

All the best EL, we are rooting for you!

Once you have posted all these docs off, a good book to read to get you into the right 'zone' is "Excuse me your life is waiting" by Lynn Grabhorn.

EagerLearner

Hi all,

Thanks so much for your rcomments and support. I managed to get 3 ringbinders and 3 sets of dividers yesterday and I have placed in them the main documents we need.

Today I am taking time at a clients to review the lot - she will review it for me as a fresh pair of eyes, I won't charge for my time, fair deal. She has been a landlady and is a FAIR landlady, so I want her to look at it from the other side as it were, or rather, how the other side *should* have fairly looked at it.

The main documents are in the folders, but I am taking other correspondence from / to letting agent, details of address #1 from letting contract, plus printouts of deeds showing her #2 address and also letters from council saying she has been registered at address #2 for 7 years etc.

Then my client can pick off the bones of those and see if any should be in the *important* section.

We had already prepared the Events Schedule and also the Document Schedule which are in the folders, but I may need to adjust depending on what she says.

I am fairly sure we have the main bits done, may end up putting 1 or 2 more in.

DancingFairy - not sure about that part yet as all we know is that we have a court date, don't want to count my chickens before we win as we may not - but in any case we know she deals with letting agent so maybe something can be attached to those earnings. We can't say for sure she lives at address #3, so bailiff would be useless I think.

Wizzkid - I can't remember what she had with her - I do remember she tried to bring in her decorator (who we imagine did the works) and her daughter (who def did the check-out with the letting agent). From what she sent us, I imagine she will have a folder and just sent us loose papers as they didn't come in a folder. Reluctantly spent £1.79 for her folder and £1.99 for the dividers!

Question

Should we have a completely separate section for our response to the actual deductions made by her? Example figures used below as can't remember them all at the mo:

ie: Stained carpet living room, £270 (example amount) - response: Carpet was stained and sun damaged when Claimants moved in - see original inventory section 3. Stains were covered up by Claimants when moving in with a large rug in order to avoid further damage and Claimants requested that Defendant install 3 blinds to windows to protect against further sun damage to already dated carpet.

Blinds - £70 + £35 fitting (example amounts) - response: Blinds had 3 minor accidental fleck stains on 2 of the blinds and were spot cleaned with Vanish - 3 brand new blinds were not necessary and no actual proof of purchase was ever presented by Defendant.

Oven cleaning - £35 (example amount) - response: Oven comprehensively cleaned by Claimants on check-out with oven cleaner, residue that remained was unknown to Claimants and easily removable with water.

Cleaning - £85 - Flat was comprehensively cleaned but due to building works by Defendant during the month of May some dust may have remained. Accidental cleaning residue drip marks in kitchen after check-out were unknown to claimants and easily removable with water.

Painting or property - £180 (example figure) - Original inventory section 3, details that there were scuffs and marks on walls/woodwork when Claimants moved in. Building works to bathroom in May possibly caused additional scuffs. Entire property painted due to Defendants decision to modernise. Invoice for decorating shows same address as Defendant address.

Window cleaning - £30 (example figure) - Windows were comprehensively cleaned by Claimants on check-out.

Radiator Cover - £93 (example figure) - Radiator was already stained when Claimants moved in - see original inventory section 3. Radiator was fully functional on check-out and accidental additional surface mark caused by Claimants did not warrant a brand new radiator cover.

Washing Machine pencil Mark - £10 - Cleaning - Washing Machine had a pencil mark when Claimants moved in - see original inventory section 3.

Bill to Defendant from Letting Agent re Solicitor Fees £400 (example figure) - this cost was incurred by the letting agent on behalf of Defendant and is unrelated to Claimants.

Any thoughts?

olly300

I wouldn't put the response to the deductions in her or the judge's copy of the ring binder for the simple fact you don't want the landlady thinking on her feet.

I would however take 2 copies with you (one for you and one for the judge) and present a copy to the judge when she starts arguing and trying to confuse the judge.