Please help re flat deposit

EagerLearner

Thanks guys - quick one as off to work - great suggestions and gives us food for thought. We have sumbitted no receipts, all we would be seeking at this point is the £80 court fee back. Haven't seen anywhere on court papers that allows us to submit our expenses. We have at least 3 or 4 Special Delivery / Registered Delivery stubs which could prove postal fees I suppose? Mainly I'd be happy with the deposit (or part of) + court fees paid if we won.

clutton_2

claim all your expenses - the court will then decide how much the other side has to pay when you win.

John_Pierpoint

Hi Eagerlearner,

I have read every posting on this thread, even though I’ve not posted recently. I won’t be cluttering up your thread at this important time; though I will round off the “Barn-v-Shed” saga (Page 71 Posting #1420) if things go quiet next week.

Great thread, it even has the more printable “Essex” joke, thinly disguised as a Brighton Blondie joke.

I get to this feast of practical education with a 9 click technique:

Click.
!
v
1 Invoke “Word”.
2 Open prepared “Jottings” document.
3 Highlight text:
"Please help re flat deposit" site:forums.moneysavingexpert.com
4 Copy.
5 Invoke the Google icon.
6 Paste.
7 Search.
8 Access first entry on the list.
9 Switch to “last page”.

There is probably someone out there who could create a “flat deposit” icon and turn it into a one click procedure.

As with the “Barn-v-Shed” saga, I’ve got to the stage where I cannot believe that the LL has not settled. If I were her, I would seek you out, fall to my knees sobbing that would 2000 GBP in crisp 50’s NOW persuade you to call it all off. (We can dream).
BUT as she won’t, one gets that stressful conspiracy feeling that perhaps she has a clever plan B. Perhaps it is just a simple case of being taken to the cleaners by her lawyer?

Some people think it will be all “done & dusted” this week. It would be wonderful if your settlement gets paid into court on the day, however the “B-v-S” saga worked out like this:
2 weeks gets the “unofficial” judgement.
4 weeks later gets the official announcement in court and the chance to detail costs and start haggling (it is called “taxation” a sort of extra cost to get the bills audited and corrected)
4 weeks later the losers pay the first 10 percent.
(I don’t know what has been agreed in the form of stage payments to deliver the eventual 100 percent).

In addition to my observations immediately after the hearing, I would offer some extra Techniques/ Warnings/Thoughts:
1. Find the provable lie/Never tell a provable lie (One witness struck out on his own and found himself agreeing he was on oath and having to decide if his statement of truth or his words in court were correct – judge dismissed ALL his evidence).
2. Get the witness off the submitted evidence/Stick to the written word (If you must answer a question say something true; my “that is not my recollection at that time” seemed to go down well and avoided the trap of trying to give exact dates times and sequences, something us humans find difficult.)
3. The bog standard lawyers seem to be able to put in rates of “up to 200 per hr”. and the men (persons ?) in a wig can claim considerably more.
4. Winning without getting paid, is losing. I don’t know what to suggest with the relatively small sums involved in the flat deposit. A major case would require a payment into court before it even got off the ground.
5. Judges, following precedent, produce logical justice BUT in a politically fraught arena, such as “housing” the MP’s leave the judges hamstrung, by insisting on exact compliance with the letter of the law. (I was told a story about an agricultural tenant, who could claim 3 generations of security of tenure: His dad died, but he did not submit form R.Tape1-A-2-B-99-Z/1969:2 on time, so his application to take over the tenancy failed, as the landlord did not “know” the father had died, in spite of declining an invitation to the funeral.) I hope that with all the advice you have received, we have this covered.

I hope you know the ins and outs of the local court house and will be able to get there on-time, cool calm and collected; ready to state your case and spot the flaws in the opposition’s. [ I would feel like the time I was breathalysed at midnight having shared a bottle of wine a lunchtime: my head knew there was no problem, but my heart was not convinced].

Good luck.

John.

LilMissEmmylou

omg that is such a loooooooong read with lots of ups and downs, i do now hate ur ex LL and am looking fwd to seeing the result in 2 days time :j good luck!!!!

EagerLearner

Thanks all - still working as we speak! - thanks for thoughts - good luck John with case (ie: shed v barn) and Clutton how/where do I list expenses? Original form to commence proceedings was submitted long ago so how can we add them on the day of the court hearings? Welcome Littlemiss!

Melissa177

Good luck for Thursday EL!!

Gold_Shogun

EagerLearner wrote: »

how/where do I list expenses? Original form to commence proceedings was submitted long ago so how can we add them on the day of the court hearings? Welcome Littlemiss!

It is often not possible to know them in advance due to adjournments for further submissions, etc ... So it is fairly common practice to "Ask for Costs" when & if you win the case, although it can sometimes be a good idea to "rough out a draft copy" in advance as some Benches don't like to give a 'Carte Blanche" Costs Order.

MissMoneypenny

Isn't it 8% interest on the deposit too? Sorry if this has already been mentioned. This is a huge thread and I still haven't read it all yet. Positive vibes being sent your way EL.

Re what LL might do in court. My sister (an ex policewoman) said that many turn up on walking sticks.

zebulon

MissMoneypenny wrote: »

many turn up on walking sticks.

:rotfl:

I think she stayed all week outside under the rain in a windy street and had salad leaves for breakfast/lunch/dinner for a week
and will arrive on a wheelchair

I think a bad thing that could happen is if she really is/has been sick - although that does not change anything on the deposit situation (she wrongly kept it!) that might soften the hearts of some.

I whish you EL to have a great judge.

25hrs to go!!!

clutton_2

i reckon all of MSE will be honing in on this thread tomorrow night !!!!!!!

tons of luck EL - you WILLLLL win this !!!!!!

seriously, stay calm, do NOT let her rile you, no matter what she says, take a tennis ball or something you can have under the table to squeeze to prevent an outburst if she says vile things - or - I assume you will have someone sat next to you as a "Mackenzies friend" whose hand you could also hold if you get stressed ?

"I believe in the justice of this court" is a good motto to have on a piece of paper in front of you.

Also in big letters on a piece of paper in front of you "I am here to get my deposit back" - so if she tries to wriggle and change the subject you can get it back on track - stay focussed

early night tonight, no wine, calm, calm calm - you can do it !!!!!!!!!!!!!!!!!!