Please help re flat deposit

EagerLearner

Hi OscarWildChild - thanks, we tried calling the council and also faxing - they said they could not give us her address as it was against the Data Protection Act, even though I faxed them stating we were trying to take legal action against her.

OscarWildChild

According to the Electoral Commission website, "By law, your local authority has to make the electoral register available for anyone to look at."

Further information on access to the Electoral Register is available here:

http://www.electoralcommission.org.uk/your-vote/access.cfm

I interpret this as meaning that you can visit your local electoral registration office in person to examine the register, although you will not be permitted to take copies (which presumably is why they would not send you the information). However as you only need to look for one address, you'll have no need to take a copy....

In addition, you have no need under law to specify why you want to examine the register, or whose address you want to check - you are legally entitled to examine the register at the electoral registration office, simple as that.

Mrs_Arkwright

Your library might have the electoral register - many moons ago I was trying to trace someone, and my library had the register, I just asked to look at it for such and such an area, and they gave it to me, and I sat in the library and trawled through it for hours. That was about 10 years ago though, so the rules might have changed.

mattyh

I've been watching this post for a while, and whilst I know nothing about the legal side really, it seems logical to me that if the agent has the money, then surely you can take *them* to court for the money. The landlady would then take the agent for court if she disagrees?

irnbru_2

mattyh wrote:

it seems logical to me that if the agent has the money, then surely you can take *them* to court for the money.

The agent is acting as an escrow.

However, from what the OP has posted:

1. The LA is wholely accepting the LL's costs without dispute.
2. The LA has not put forward the OP's dispute to the LA.
3. The LA has not provide a bona-fide address for the LL.

irnbru_2

EagerLearner wrote:

By providing a c/o address to the letting agent and to us, the landlady knew legal action couldn't ever successfully be taken against her.

Not quite

IIRC the LA is no longer responsable for the property you let and the existing tenant is dealing directly with the LL?

This thread talks about applying to the court to serve the order on the address of the agents in a dispute. In your case, you apply to serve the papers on the LL at the LA address (or at the property).

I would imagine, the court where your going to pursue the claim will offer advice here on how to do this. Also, the CAB/Shelter are your friends.

Remember to add this additional effort to your costs.

Non illigitamus carborundum

Edit:
consumeractiongroup:landlords-tenants might be useful too.

char9

There are a number of websites where you can access the electoral register, including 192.com I think. Although I believe you have to pay for some of them. I have access to a subscription only one via work. However you are relying on her actually registering. Not everyone does.

Mrs_pbradley936

Hello,

I am registered with 192.com if you want to give me her full name I will do a search for you no charge.

Mrs_pbradley936

You can serve it at her last known address. I just copied this from the Civil Procedure Rules part 6 see for yourself at https://www.dca.gov.uk

6) Where –
(a) no solicitor is acting for the party to be served; and
(b) the party has not given an address for service,


the document must be sent or transmitted to, or left at, the place shown in the following table.


(Rule 6.2(2) sets out the statutory methods of service on a company)
Nature of party to be served Place of service
Individual Usual or last known residence.

Proprietor of a business Usual or last known residence; or
Place of business or last known place of business.

Individual who is suing or being sued in the name of a firm Usual or last known residence; or
Principal or last known place of business of the firm.

EagerLearner

Oh, thanks so much everyone - have had such a low day and your support has made me feel so much better.

I would go to the library here in Brighton but am sure she does not live in this area, maybe around Haywards Heath area but that's just a guess.

The legal number I called today definately said that a c/o address (even if it was the letting agent address) was of no use if the papers had to be served in person? I am confused, I would think that if she's rejecting mail at the address she was at, then I could serve the forms to the letting agent address instead as they still do business with her. I got the impression that she can deny receiving those too?

Thanks pbradley - you star - will PM you!