Please help re flat deposit

EagerLearner

Hi Pruryden - the letting agent wrote to us on 11 September, 12 days after court case was filed, not within our 7 day grace period, saying we could get back to them with details of what we feel each deduction should have been.

Given that they did not respond a) within the 7 day time frame b) via the courts and c) to offer a settlement, we did not respond.

At the time, most posts here:
http://forums.moneysavingexpert.com/showthread.html?t=227606&page=18
suggested we should leave the letter from letting agents unanswered, so we followed that.

What do you suggest we say in court?

peter999

Please, please, I hope this doesn't end in anti-climax with Landlord settling out of court !!??

Would you be disappointed if you didn't have your day in court & she settled out of court ??

peter999

MrsTabs

wow have read the whole thing it took me 6hrs!

you have my total respect and i really hope you get the result you deserve

i have joined site just to say well done

off to have a look at the site now

EagerLearner

Hi Peter & Mrs Tabs - thanks so much! Mrs Tabs can I ask how you came across the site if you were not a member? Did you search on Google for advice re tenant deposit, or? 6 hours is so much of your time, I apologise!

MINOR VICTORY FOLKS!

Yesterday came home to find that there was a letter from the Deposit Resolution lot, 5 months after we complained about the letting agent via ARLA.

In all, it was a good response. Basically they sent a 5 page report detailing what they had found.

It found partly in our favour and was overall on our side. It stated that the letting agent had been confusing in their instructions, untimely in responses, and partial in some decisions, such as allowing the landlord to be at the check-out, but not us the tenants. It also said they kept records badly and admin was also bad because so much was undated. Turns out that the contract between Landlord and letting agent was in landlord's parents name, seemingly from years and years ago showing how bad their admin is.

It also detailed that the receipts etc presented by landlord for deduction from deposit were not good as they noted no dates, no contact details etc for the supposed suppliers.

I don't know what this decision means in 'real' terms, but it has also been sent to ARLA, presumably to be kept in a dusty file somewhere and for the letting agent to carry on regardless. Anyone know what is supppppppposed to happen?


Special Delivery package (our supporting documents) still not collected by Landlord as of tonight - Royal Mail attempted delivery on 15th May and left card.

Rabiddog_2

impartial in some decisions

you mean partial (biased) dont you? (leapt here from page 1, lifes too short :rolleyes: )

RabbitMad

Rabiddog wrote: »

leapt here from page 1, lifes too short :rolleyes:

Rabid - You don't know what you are missing. This is a real rollercoaster of a story, with twists and turns you wouldn't believe. Better than any soap on TV and now there are litterally thousands of MSEs on tender hooks awaiting the out come, praying that EL comes out victorious.

I'm awaiting the out come with the same level of excitement I've got for the next installment of Harry Potter.

I recommend you read from the beginning - 10 pages a day (although like many you might not be able to stop once you start so set a good 6 hours aside)

dancingfairy

Does this result for ARLA mean you can use it against the landlady to back up your side of the story ie ARLA are agreeing she has no receipts, you weren't there at checkout etc. Gives credibility to your story in any case.
Have you had any paperwork submitted from evil LL? or is just you who have to submit paperwork? don't you have to see evidence for her defence before court?

Peter999 I don't think EL has any intention of settling out of court now. Evil LL has wriggled her way out of everything so far and she would agree and then not pay up and EL would be back at the begining again, and LL would claims she's moved again, change her name or something- it needs to be settled in court so that when she doesn't pay up- which she won't I'm guessing as she thinks she can get away with it, EL can go back to court to recover the money. Sadly I don't think it's quite over yet.

Good for the gripping news- bad for EL to get her money back.

P.S I really, really want EL to get her money back but LL has tried everything so far so I doubt she'll stop now.

lazy_girl

EagerLearner wrote: »

MINOR VICTORY FOLKS!

Yesterday came home to find that there was a letter from the Deposit Resolution lot, 5 months after we complained about the letting agent via ARLA.

In all, it was a good response. Basically they sent a 5 page report detailing what they had found.

well, that's good news. it's a pity that it didn't come a couple of weeks earlier and maybe it could have been included in your submission to the court?

regardless of that, really pleased that at last things seem to be going your way!!! perhaps the tide is turning in time for the court case...

Special Delivery package (our supporting documents) still not collected by Landlord as of tonight - Royal Mail attempted delivery on 15th May and left card.

hmmmm. don't really know what to make of that, surely the case can't be put back again if she doesn't pick them up? though, i would have thought it would be the court's responsibility to get your submission to her as defendant. anyway, not long now, am waiting with bated breath for the outcome

olly300

EagerLearner wrote: »

Special Delivery package (our supporting documents) still not collected by Landlord as of tonight - Royal Mail attempted delivery on 15th May and left card.

If the package is returned to you, which it will in 7 days then take the unopened package and special delivery receipt to the court case.

She is likely to say that she has been on holiday or in hospital, without any proof, and if you can prove that you really tried to get the evidence to her and acted reasonably in doing so it will help her lose again.

EagerLearner

Hi all,

Thanks for the support - 'tis Friday and I am very happy as, due to good business, have treated myself to a PDA (organiser) - so long Filofax! Amazing to think that during this thread I have gone from employed, on holiday and then hit the ground running on my return as self-employed... and now buying a PDA as I need to book in far ahead! I am booked in until August by one client with 1-2 days a week with them. I am hoping the motivational speaker I took on this week will book me in at least 8 'virtual' hours a week. The other 2 clients give me at least 2-3 days week. Am feeling great right now what with the PDA and a new website all about my services... I'd share it but, you know, the internet and all ;o)

Anyway, package still has not been collected.

In terms of submitting what the Dispute people have said to court, I don't think it would have been wise as it shows some disorganisation on the letting agent part, which I am sure she would have used to say 'it was their fault, I am but an innocent butterfuly who has veen vewwwwy vewwwwy ill and feeble'.

Roll on the weekend, let me just check my PDA and see what I am up to.... Festival and open houses, meeting friends and drinking copiously amongst girly banter and catching up! Mr EL is watching football tomorrow and hoping Chelsea win... and no doubt drinking too... Must schedule in headache tablets for Sunday he he...

Have a good weekend folks!