Please help re flat deposit

EagerLearner

Believe me, I will be religiously backing things up from now on!

Dell have given us an offer of a new Dimension 5150 pc for £350 inc VAT and delivery, excluding the bits we don't need like monitor, printer, XP disc etc. This should do the trick.

I really hope we can somehow get the data back.

Anyhow, nothing from landlady re responding to court claim. I wonder if she's pulling the same trick - ie: pretending she doesn't live there or sending back the court forms unopened - what do we do then...?

tomstickland

Now that you've instigated court claims and have her address I'm sure that you're over the hardest part. The court must be used to every trick in the book with regards to avoidance. Plus you will have bothered her and the letting agents, which makes me feel better.

EagerLearner

Thanks Tomstickland - the letting agent response is so legalese it's scary, but I'm trying not to think about it.

You'd think they'd have been in touch with the landlady to ask her what her response will be, or so say 'hey lady just pay them as WE don't want to end up in court' - but nothing yet.

Deadline is this Thursday, so if I go home at lunch on Thursday, and nothing is received in the post, does that mean I can call the court and ask for a thingymejig re her not having responded?

Mrs_pbradley936

I would wait until Friday or the following Monday.

clutton_2

the court will write to you to tell you what is happening. Try to stay calm !!

EagerLearner

UPDATE 09:22am - 13/09/06

Hi all,

Yesterday we came home to find we had a letter from the letting agent stating that the landlady wants to resolve this 'amicably' and that we should respond to each amount deducted with our comments.

We were spitting feathers! It's as if she has completely ignored the 3 warning letters and the court proceedings - she knows damned well we want £625 back and is now asking for us to put our 'proposals' forward (which means she doesn't plan to give us £625 or she would have already sent us a cheque to resolve this). It's as if she's still trapped in time 6 weeks ago and none of our efforts since then have even been acknowledged!

PLUS the letting agent had previously told us they were no longer involved and that we should write directly to the landlady - so why are they now writing to us? The landlady should be responding via the court process.

We're tempted to write a letter to the letting agent tomorrow stating that the landlady had 3 warnings and that £625 is what we previously wanted, but now we have incurred an additional £80 court fee = £705. But we don't know if it's better to say we want £600 back to drop the entire thing, at least we'd get £600.

If we can avoid it going to court it's probably best all round - help...

barnaby-bear

EagerLearner wrote:

UPDATE 09:22am - 13/09/06

Hi all,

Yesterday we came home to find we had a letter from the letting agent stating that the landlady wants to resolve this 'amicably' and that we should respond to each amount deducted with our comments.

If we can avoid it going to court it's probably best all round - help...

Ahhh! No don't it's got to far, if you respond with "comments" you'll stop the court proceedings she'll know that so more cash for you to restart - she'll know that too and just get right back where you started and into a debate. If your case is genuine you'll get the money and costs and she'll have to pay costs - otherwise she's still in hand. Let the court and due process sort it don't go round in circles. The fact they are approaching you means they know they are liekly to lose.

mdb99jh

I have to agree with barnaby-bear. Unless you receive a cheque from the landlady for £705 you should do nothing and let the courts decide. From what you have told us, your case is pretty watertight and you will be able to get back everything that you are owed. Just got to hold your nerve!

sm9ai

As said, ignore it.

Unless you recieve a check go to court. The chances are if they are serious about resolving it then they will phone you up or deliver a check in person.

Also worth noting that as they are trying to contact you they are basically admitting that they are in the wrong.

EagerLearner

Thanks all - so if we don't respond to the letting agent letter, we were just worried the court would hold that against us. I mean, if we don't respond doesn't it make us look like we are not prepared to negotiate...

Let's see what next week brings. She's ignored us so far, and is only now taking some action, even if it is via the letting agent.