Please help re flat deposit

clutton_2

if necessary a court can insist that the letting agent give the address. try to put this to the back of your mind for a while, you have done all you can - now its no longer in your hands.

EagerLearner

Thanks Clutton, I know you are right - she had 2 separate copies of letter #3, plus the agent should have been in touch with her when they got their copy of it (as their name is on the court form), if she chooses to ignore the letters that is her lookout.

Wickedkitten

The only thing I can say in this situation is quit being so reasonable to the woman. If you don't have a reply from her through your letterbox on Thursday morning, then at lunchtime send off that court action. If I was in her shoes, the fact that you are being so reasonable would lead me to believe you weren't being serious and were in fact bluffing about it, so you know what you have to do.

We moved out of our flat that we had rented for 2 years back in June as well and when we didn't have the money back in 4 weeks we personally went into the Letting Agency to see what the hold up was. They very soon sorted it out and posted out our cheque.

Good luck and I'll be eagerly awaiting further updates.

EagerLearner

Thanks WickedKitten - we're not going to remind her of anything, as said above we will just sit back and wait til friday now.

We did go in person to the letting agent, in early July as that was when cheque was due to us. That sorted nothing, as she had not sent them a breakdown so they claimed that without her signature on the 'deposit release' form, they could do nothing. Plus we e-mailed and called them loads. A month and a half on from there and nothing has changed, the lettign agent have washed their hands of us, she claims we owe her money in addition to keeping our deposit, and she's now ignoring notification of court action communications.

This way, we go to court and she can't get the money either until a judge decides.

Wickedkitten

EagerLearner wrote:

Thanks WickedKitten - we're not going to remind her of anything, as said above we will just sit back and wait til friday now.

We did go in person to the letting agent, in early July as that was when cheque was due to us. That sorted nothing, as she had not sent them a breakdown so they claimed that without her signature on the 'deposit release' form, they could do nothing. Plus we e-mailed and called them loads. A month and a half on from there and nothing has changed, the lettign agent have washed their hands of us, she claims we owe her money in addition to keeping our deposit, and she's now ignoring notification of court action communications.

This way, we go to court and she can't get the money either until a judge decides.

Ah I see. I think ours must have been different because they were actually managing it as well so they didn't need to get a deposit release from the landlord.

Best of wishes though

EagerLearner

Can't help it - still wondering if we will waste our £80 by filing court claim against her at an address she states is no longer where she accepts correspondence and has already refused our mail before we have even filed the court claim...

Wickedkitten

EagerLearner wrote:

Can't help it - still wondering if we will waste our £80 by filing court claim against her at an address she states is no longer where she accepts correspondence and has already refused our mail before we have even filed the court claim...

Hmm, I wonder if seeing as how they still have your money, you could possibly file the claim against the landlord and the letting agency using the letting agencies address.

EagerLearner

Wickedkitten wrote:

Hmm, I wonder if seeing as how they still have your money, you could possibly file the claim against the landlord and the letting agency using the letting agencies address.

Yeah, that would be my plan I guess rather than using this dodgy other address - can anyone advise?

Mrs_pbradley936

Got this from https://www.justclaim.co.uk: "Fill in this box with the name and address of the defendant. If there is more than one defendant, this box should be filled in with the residential or business address of each defendant."

Check out the site, lots of info there. I think her business address could well be the agents address but I would put the agents details as well as her last known address. I would also say you have more than one defendant, her and the agent (remember I am not a lawyer) because you paid your money to the agent and I am assuming you could care less who gives it back. Have them both involved and let them tell the court who is at fault and why.

Mrs_pbradley936

This was also on the site: "If the claim form is returned by the post office to the court, you will receive a Notice of Non-Service (Form N216).

You can no longer get the court to serve the claim form by hand. If postal service fails, it falls to the claimant to serve the claim form. The new procedures allow claim forms to be served by a number of alternative means including fax and email."

But if you include both her and the agent, the agent can either defend the whole thing themselves or make sure she gets a copy so they can share the responsibility.