Please help re flat deposit

EagerLearner

Hi all - thanks for the swift answers and advice - I will take the letter to court tomorrow and ask the lady at the front desk what we can do, although I suspect she won't be too helpful as there's not much she can advise on.

She claims she doesn't live at the 'c/o' address we used to write to her at. She now claims she doesn't live at the address we have for her. The letting agent won't fall over themselves to help us as she is still the hand that feeds them, and the court won't help as they are 'stuck in the middle' with no proof, regardless of how many defendants try and pull this trick.

We have no car so can't trek to her address but I'm seriously considering debt collectors now as this seems like the only way she may pay up.

Any ideas on that avenue folks?

clutton_2

debt collectors have NO authority to go into anyone's house without a court order to back them up, she will just laugh in their face, as she clearly knows this court system back to front.

Just you make sure you are keeping a track of all your expenses in this long trek - and claim them all once it gets to court - and it will

The court official has to answer any question about "procedure" - she cannot give you legal advice, so, you ask her "what is the procedure now that the landlady has denied living where she is living". Let them tell you what needs to happen next.

chin up !!

liz545

EagerLearner wrote:

Hi all - thanks for the swift answers and advice - I will take the letter to court tomorrow and ask the lady at the front desk what we can do, although I suspect she won't be too helpful as there's not much she can advise on.

She claims she doesn't live at the 'c/o' address we used to write to her at. She now claims she doesn't live at the address we have for her. The letting agent won't fall over themselves to help us as she is still the hand that feeds them, and the court won't help as they are 'stuck in the middle' with no proof, regardless of how many defendants try and pull this trick.

We have no car so can't trek to her address but I'm seriously considering debt collectors now as this seems like the only way she may pay up.

Any ideas on that avenue folks?

If there's any way you can go to her address, I'd try that - cheaper than bailiffs and a decent camera will time/date stamp photos. I'd also take your correspondence through the letting agent to the court - they may not be keen to help you, but they may be obliged to tell the court where she lives. Can you take the proof of address you used to locate her in the first place?

aderbyshirelad

I agree with Clutton,

Go to the court and ask for a clear explanation of the proceedures you can now follow. There will be a way of bringing this woman to justice.

Keep up your efforts, and just think of the look on the old witch's face when not only does she have to pay up, but also explain to the court why she lied. Me thinks that's called perjury, and I'm sure they take a dim view of that.

Keep focused on the legal proceedure and drop all thoughts of debt collectors. One step at a time.

barnaby-bear

aderbyshirelad wrote:

I agree with Clutton,

Go to the court and ask for a clear explanation of the proceedures you can now follow. There will be a way of bringing this woman to justice.

Keep up your efforts, and just think of the look on the old witch's face when not only does she have to pay up, but also explain to the court why she lied. Me thinks that's called perjury, and I'm sure they take a dim view of that.

Keep focused on the legal proceedure and drop all thoughts of debt collectors. One step at a time.

Do you have any bank records - where you paid rent? Write to her care of her bank explaining the gone away return (gone aways damage credit records) - she's legally obliged to tell bank of change of address so if still there will cause hassle. Likewise inform the council and electoral role that court proceedings and claiming to be no longer registered - when's the next electoral role purge ? REport electoral fraud if she's on the next role.

Does anyone on here live nearby - could they pop around ring the door bell and ask if mrs. xxx interested in buying some double glazing or alike.... or take some photos?

barnaby-bear

EagerLearner wrote:

Hi all - thanks for the swift answers and advice - I will take the letter to court tomorrow and ask the lady at the front desk what we can do, although I suspect she won't be too helpful as there's not much she can advise on.

She claims she doesn't live at the 'c/o' address we used to write to her at. She now claims she doesn't live at the address we have for her. The letting agent won't fall over themselves to help us as she is still the hand that feeds them, and the court won't help as they are 'stuck in the middle' with no proof, regardless of how many defendants try and pull this trick.

We have no car so can't trek to her address but I'm seriously considering debt collectors now as this seems like the only way she may pay up.

Any ideas on that avenue folks?

She may move or claim to but her property doesn't, charging order on her property...

irnbru_2

clutton wrote:

The court official has to answer any question about "procedure" - she cannot give you legal advice, so, you ask her "what is the procedure now that the landlady has denied living where she is living". Let them tell you what needs to happen next.

Draw attention to your attempts in this post.
The court official should tell you whether or not this is an option.

However, getting a process server to act on the courts behalf might be your only means of serving the documents.

EagerLearner

Thanks everyone - I will bring the letter from the letting agent in tomorrow and go to the court and ask what the procedure is from this point forward.

If it comes to it I will ask my younger brother to stake out her house and see if she comes in/out etc.

When I previously called the local council, they could not tell me her address, not even when I faxed them the clauses and detailing that I was taking legal action against her and needed her address under the Data Protection Act. They could see it on-screen though so it was very frustrating! However since then I do have the new address, maybe I can call and tell them the address, they can then confirm yay or nay... I don't know.

So debt-collectors wouldn't be an option then - frustrating, as right now I really want to be rid of all this.

I thought we were on the right track and she'd have to be brought to justice soon, but now it's almost like we're back to square one with her at the other c/o address saying she'd 'moved away'. Too much deja-vu for me today...

EagerLearner

barnaby-bear wrote:

Do you have any bank records - where you paid rent? Write to her care of her bank explaining the gone away return (gone aways damage credit records) - she's legally obliged to tell bank of change of address so if still there will cause hassle.

We paid an agency so we have no idea of who she banks with...

aderbyshirelad

Chin up

This is exactly what she wants. This is the game she is playing, trying to wear you down to the point where you give up.

I honestly sympathise with the stress you must be under, to be honest I probably would have given up by now. But, had I been in the same predicament and found this board, it would have spurred me on to get what was rightfully mine.

It must feel like you're back at square one, but you're not, honestly. You've tracked her down before and you can do so again - if she's actually moved.

Remember,

IT'S YOUR MONEY NOT HERS.
SHE'S IN THE WRONG.
YOU'RE IN THE RIGHT.
YOU WILL WIN AND IT WILL BE WORTH IT.