Please help re flat deposit

EagerLearner

Hi all,

I posted it on Saturday 11th May via Special Delivery, Royal Mail attempted delivery on Tuesday 15th May and left a card for her.

I will pursue her no matter what, I posted it to the address she gave the court and messing me about will only make us have the day in court more.

RabbitMad - what do you mean with 'has she provided you with any documentary evidence' - sorry don't understand...

RabbitMad

Well, when I took my LA to court I provided my bundle of docuemnts two weeks before the date (like you) but all the LA had done was submit a written defence.

When we got to court the LA had a bundle of documents 2 inches thick and the judge said he couldn't refer to that. (He then went on to explain that that was irrelevant anyway as I'd sued the wrong person and should have sued the LL.)

Therefore unless your LL has done this she can't say - Oh this was broken and my receipt here from xyz ltd shows I had to pay £15squillion to get it fixed.

As an aside I though special delivery was a next (working?) day thing and if they don't deliver it the next day by 9am or 1pm (depending upon the service you choose) you get your money back.

nrsql

EagerLearner wrote: »

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)

I was thinking that. You started off struggling to finance your lifestyle and now seem to be sorted and even considering investing.
It will make a good alternative ending to the film if the LL doesn't go to prison .

matto

RabbitMad - Different if you post on a Saturday.

EagerLearner

The landlady did provide a 'bundle' in Feb I think, but it wasn't much and mainly consisted of photos of the flat, blank pages with a few lines detailing texts we had sent (one page per text) and some other copies of invoices we had not seen (no doubt 'created' this year and backdated).

olly300

RabbitMad wrote: »

She can try to say she hadn't received it (or received the card) but I hope the judge wouldn't delay the case for that reason given her history of things "not being received".

Cases like this are judged on the balance of probabilities.

Due to:
1. Her habit of not receiving mail from EL, which EL can prove in the bundle
2. The fact she got the court letter and knew she was likely to get documents.
3. She is unlikely to be able to prove when challenged that she has been unable to pick up her mail i.e. if you are in hospital and can't come to court then you get a sick note
4. This is a case to stop a judgement against her being thrown out

She is unlikely to be believed.

Also she has wasted the courts time.

I would be surprised if she turns up on the day.

BTW there have been court cases that challenge when a letter has been considered delivered by Royal Mail. CC state that a letter is considered received after 5 days. It's up to the party who has not "received" the letter to provide proof it is unlikely for them to receive it.

Gold_Shogun

FOR EagerLearner :-

I don't know if it's already perhaps been mentioned in earlier posts ... BUT ... It would probably be worth checking your Original AST/Letting/Lease Agreement, as many such Agreements contain a clause to the effect of :-

---

Any notice by the Landlord to the Tenant shall be deemed to be served if sent to the Premises. Any notice by the Tenant to the Landlord shall be deemed to be served if sent to the Landlord’s last known postal address in the United Kingdom. Any such notice shall be in writing and sent by Recorded Delivery first class post, and shall be deemed to be received at the expiry of Seventy Two hours after said posting whether delivery is accepted or not.

---

IF your Agreement DOES contain such a Clause ... Your Landlord's Refusual or "Neglecting" to collect the S.D. documents WILL be ignored by by any reasonable Court Bench when you specify & display that clause to the Court.

Regards & Hope this helps.
Bob

EagerLearner

Thanks guys - don't know if I can bring that up Bob as the letting agents are no longer involved?

Just checked Royal Mail site and package still not collected.

In court we will not mention whether she has or has not received it, we will assume she has. If she then says she has not, we will show the judge the special delivery docket that it was sent on 11th May. She will look pretty bad and it will tie in with her choosing not to receive anything with our name on it in the past, which we can also prove and show the judge.

nrsql

EagerLearner wrote: »

Thanks guys - don't know if I can bring that up Bob as the letting agents are no longer involved?

Just checked Royal Mail site and package still not collected.

In court we will not mention whether she has or has not received it, we will assume she has. If she then says she has not, we will show the judge the special delivery docket that it was sent on 11th May. She will look pretty bad and it will tie in with her choosing not to receive anything with our name on it in the past, which we can also prove and show the judge.

The letting agent might not be involved but the lease is still the basis for the agreement.
Anyway - the address was agreed at your last court case so that will override anything else (unless this magistrate is willing to say the previous one was wrong which woud take a lot more confidence than I would expect).

I think you are worrying unnecessarily about the receipt of this package - you've sent it as agreed to the address agreed, it's up to her to pick it up. If she is not able to service the address agreed in court it's up to her to notify the court of that (imho).
If she says she can't proceed because she didn't pick it up just ask whether it needs a court appearance to deliver information as that appears to be the case.

EagerLearner

nrsql wrote: »

If she says she can't proceed because she didn't pick it up just ask whether it needs a court appearance to deliver information as that appears to be the case.

Sorry I am a bit slow today, could you say that slower? Did I mention I am blonde... But I do like blonde jokes. No, really, Mr EL sometimes amuses me with them:

ie:


How do you make a blonde's eyes sparkle?


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V


Shine a flashlight in her ears....

:rolleyes: :rotfl: