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Please help re flat deposit

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  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Can this thread be made a sticky? I have difficulty finding it sometimes even though I am subscribed. I'm sure loads of people want to keep up with the news and wish you well for the court date.

    Actually, I find it hard to find this thread too! I do a search, for me, then I have to scroll down and find it. I do subscribe to it too but don't do the e-mail thing, and it gets lost in my subscriptions... :o
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • nrsql
    nrsql Posts: 1,919 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Actually, I find it hard to find this thread too! I do a search, for me, then I have to scroll down and find it. I do subscribe to it too but don't do the e-mail thing, and it gets lost in my subscriptions... :o

    You should be able to add it to your favourites.
    Otherwise if you look in the address bar you should see something like
    http://forums.moneysavingexpert.com/showthread.html?t=227606&page=40
    You can save that into a text doc on your desktop - if you then copy it into the address bar and press enter you will go directly to the thread and page.
    You'll just have to update the page number (frequently) as posts are added.

    It posted as a url - the bit after the http is

    forums.moneysavingexpert.com/showthread.html?t=227606&page=40

    If you remember 227606 you can go to any thread and overtype the thread number with that and go to this thread.
  • Gold_Shogun
    Gold_Shogun Posts: 245 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    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.
    You DEFINITELY Can (AND Should) ... As your Tenancy Agreement is Legally a Contract between your landlord and yourselves ... The "Letting Agent" merely acts on behalf of the Landlord the simple fact that they are "no longer involved" just reinforces your case.

    Furthermore, in civil cases such as these, the Bench usually allows a fair amount of leeway in the presentation of a case, and "Winning" a case is often more about Giving the Bench a "Suitable Rope" (=Reason/Grounds) with which to "hang" a Stroppy or Stonewalling Defendant.

    Cheers
    Bob
    Democracy is two wolves and a lamb voting on what to have for lunch.
    Liberty is a well-armed lamb contesting the vote.

    - Benjamin Franklin
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Following on Bob the Gold shoguns' comments:

    Do you have such a clause in you tenancy agreement? If so you can definately bring it up as this agreement is in your bundle of documents that have already been provided to the court.

    However I had no such clause in the agreement my LA drew up for my tenant.
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Hi, this time around we did not supply the tenancy agreement to the court, only docs that related to her address.
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • prudryden
    prudryden Posts: 2,075 Forumite
    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?

    Sorry El for not coming back to you on this! No excuses, other than I forgot.
    Getting too old.

    The reason I mentioned this is there is some (note some) concern that she may attempt to gain some psychological advantage with the judge by saying she offered to discuss a negotiated settlement. Judges love to hear that.
    In fact, I have had six cases in the last 2 1/2 years to include a will contest, a pension case (the biggest ), a health insurance case, a guardianship case, a case against a city law firm (they ended up owning me money rather than the other way around -what a great feeling, a huge money settlement from my ex- employer (this was by far the most stressful). By the way, I won them all in the end by a negotiated settlement, so I'm due a lost. Every bit of paper referring to any negotiations was duly recorded for the "bundle".

    I think that your answers are very good - especially the fact that they didn't mention offering a settlement so there was no need to talk to her anymore, because you certainly tried. I think you will win this hands down, but I like to consider all outcomes and how to defeat the one I don't like.
    FREEDOM IS NOT FREE
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    prudryden - i have sent you a PM
  • Gold_Shogun
    Gold_Shogun Posts: 245 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi, this time around we did not supply the tenancy agreement to the court, only docs that related to her address.
    That's irrelevant for YOUR purposes ... IF Evil-LL disputes your sending the documents OR argues that she "should" be allowed to ignore them as she "never got them" ---> That OPENS the door for your to produce your Agreement to prove that "The Documents WERE provided In Accordance with the Tenancy Agreement Requirements".
    Democracy is two wolves and a lamb voting on what to have for lunch.
    Liberty is a well-armed lamb contesting the vote.

    - Benjamin Franklin
  • masonic
    masonic Posts: 27,342 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    arqus wrote: »
    Huge information about insurances
    Judging by all the other threads you have posted this link to, it can only be....


    :spam: :spam: :spam: :spam:
    Reported.
  • WOW that's three hours of my life I won't be getting back ;)

    I am utterly amazed at your determination to persue this women through the courts, I would have been frightened off long ago and I sincerely hope that you get the money that is rightfully owing to you. I salute you and your husband, and I hope that all of the advice given on this thread helps other people stand up for their rights and not let unscrupulous landlords effectively steal money from their tenants.

    I will keep my fingers crossed for May 31st, and check back for an update.

    Best wishes
    January Grocery Challenge: £200 Spend £158.99
    FebruaryGrocery Challenge: £200
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