Please help re flat deposit

clutton_2

AM I GLAD you have found the b*ggar !!!!!!!!!

"""
What we will do tomorrow is write to her via Special Delivery at the new address and say that she seems to have moved in the last 10 days but we were not provided with the new address, neither were the existing tenants. Therefore we are now writing to this address to confirm we will be taking court action if funds not received by Friday 1st September""


PLEASE DON'T FOREWARN HER - you are still playing the "nice guy" here - just give the court her actual address, let them do what they have to do. Don't give her the chance to be "gone away" again. IF she tries this "gone away" number again by returning court documents to a court, and you can categorically prove she lives there, she will have landed herself in even more doo-doo.

Have a great weekend !!!

musey

I agree with clutton..................no more Mrs NiceGal!!

I am so pleased you've found her lmao my fella thought I'd gone mad when I explained why I was chuckling at the screen so much, he said "I don't get it, it's not your money" but I have been so hooked on this thread I couldn't be happier if it was my money I was chasing.


Good luck and keep us updated!!


Enjoy the weekend!

clutton_2

there is a website called https://www.lunaticlandlords.co.uk on which some less than perfect landlords names and addresses are published to warn other tenants NOT to go there

i shall say NO more !!!

EagerLearner

Hi guys, thanks so much - we are off in an hour's time...

1 - We only thought that the court may not like that we immediately commenced court proceedings but didn't give her warning as she 'seems to not live at the old address', therefore effectively she can later claim she was given no notice of us commencing court proceedings? Mind you, we did write to the letting agent - surely it's their duty to call her and discuss it, even though they don't manage the property?

2 - Plus we received a snotty letter from the LA yesterday full of legalese and latin, basically in a nutshell saying that it's not their fault and if we proceed they will bring their lawyer. This is surely intended to scare us and it did a bit - I presume it is normal process to take them to court as well as her though as we signed the contract with them and they hold our deposit?

I will leave things til Tuesday - we were going to write to the LA responding to their letter and saying something like 'we know it's not your fault she is not returning our deposit but we signed the contract with you and you hold our deposit, so we have to include you in the paperwork'. Now we are not sure.

The LA have not mentioned anything about us not paying that purported money we owe them and the deadline for paying it was 23/08 - I hope they're not being sneaky and adding interest or planning to claim in court we're bad tenants as we didn't pay it...

Thanks for that website Clutton, we will refer to it in the future perhaps!

EagerLearner

hedley wrote:

Now I would have done differently- of after a month they hadn't coughed up my money-I would have gone 'legal'. The amount of stress and hassle it caused me the way I did it:mad: :mad:

Thanks Hedley - I am sure this is meant to try us all, and learn a lesson in how to do it better in future - as it's our first time we are overly cautious, as we don't want the judge to think we did anything wrong.

I really want to file on Tuesday, someone in this thread (Pbradley I think)mentioned a site called justclaim.co.uk which has been excellent and lots of legal process/knowledge in their forum as well.

I will see how things lay next week...

clutton_2

""We only thought that the court may not like that we immediately commenced court proceedings but didn't give her warning as she 'seems to not live at the old address', therefore effectively she can later claim she was given no notice of us commencing court proceedings?""

a court will write to her and give her a date to respond by. If she considers this is not enough time, it is up to HER to ask for an adjournment. Stop being so NICE !!!!!

Dont write to LA at all, let the courts decide what to do about this apparent "split responsibility". Legally the duty of complying with legislation is that of the landlord (whether he/she uses a LA or not) - for example, if s/he chooses a bum LA, and loses money because of their incompetence, the tenant must not be made to suffer. Don't worry about the LA and their threats, they are trying to get rid of you.

You have done all you can.

A friend's daughter got a letter from a Debt Collecting agency - she did not agree she owed the money. She wrote back "i do not agree this debt. I am in dispute with your client. Here is a copy of the letter." the Debt co did not follow thru. The person pursuing her, employed NINE other Debt collectors, and she sent the same letter to each one - finally they all gave up and went away and she never did get taken to court !!!! Debt agencies have to see that there is a good chance that they will be paid, otherwise they will not take on a case for collection.

have a good weekend !!

keep smiling !!!

pavlovs_dog

just searched for this thread to see if there were any update - im so glad you've found her :j

i agree with others about not giving her any more warning - she choose to 'move away' 'reject' and not receive your previous letters.

i think that so long as you can show that you found her real address by legitimate means, you will be fine. in fact, you can probably use it in your defence that you had to work so bloody hard to track her down in the first place, as she must have known about not being able to serve papers to a c/o address.

keep us updated :T

EagerLearner

Thanks all - we filed the paperwork in court this morning at 11am - so the ball is no longer in our court (no pun intended...). :T

We really wish it had not come to this as if she'd been more reasonable about the costs we may have come to some arrangement, but there you go.

I called that legal number again to confirm all details and they were reassuring and said most of the costs she's claiming are definately over and above what is acceptable.

She will be so shocked when the papers arrive at her door! :rotfl:

niceguyed

She will be so shocked when the papers arrive at her door! :rotfl: [/QUOTE]

I've been following this one too. I would pay good money to see her face, gotta love that Karma right (maybe I've been watchin my name is Earl too much, eh)

Anyways, as always keep us posted eager learner and fingers crossed for you. Though I get a feeling the baglady with settle out of court (if she has any sense).

Mrs_pbradley936

Thank goodness for tha t- make sure you keep us updated.