Please help re flat deposit

barnaby-bear

EagerLearner wrote:

UPDATE: 11:40 10/10/06
I think we are stuffed and have wasted the extra £80 on applying for this court process as she's going to get away with it by returning the letters unopened, and on top of that simply moving to a new address. Plus she continues to do business with the letting agent as if none of this is going on.

No you aren't she can move etc, but she still owns those two properties you know about and the court process will happen, and if she's playign games like this, charge on the property very liekly to be granted, you don't need to find her - the houses/flat aren't going anywhere. Having a charge really f&*ks your credit rating and means you can't sell property - :rotfl:

Edna_Bucket_2

EagerLearner wrote:

Thanks guys - yes we included the letting agent on the original claim, but they responded pretty much instantly saying it's nothing to do with them and that they deny cll charges.

Sorry - but who cares what they think? It's not down to them, it's down to the Court to decide.

That's what the agent told me - "not liable" "burble" "burble" etc - and I just asked why they were telling me that when they'd have ample opportunity to put that case, if it was to be their formal defence, at the Hearing in front of the Judge. They went a bit quiet after that...

irnbru_2

EagerLearner wrote:

The lady behind the desk simply said that I should choose 'from the leaflets behind me' as to what to do next. There were around 20 leaflets. I chose 3 after a while, each one relates to different actions we could take - charging order, third party debt order, warrant of execution.

Proceed on the basis that the summons has been ignored.

The LA will turn up and the LL will not.

The LA may win and be absolved of the debt.

The LL will lose.

Then enforce the judgement.

I would go back through your paperwork. Check the land registry details of the property you rented are correct, if not report that to the land registry.

Find out whom the local councillor is for your rented property, inform them of the problem with getting the address from the council. Equally, contact your MP on this point too. They will assist you if you're correct that, in proceeding with a small claims application, you are entitled to this information.

I would also inform the existing tenant that the LL is moving and they should get confirmation of her new address.

Yes it's going to cost you money.

Yes it's going to cost you time.

YES, you are in the right!

damo101

You could always put a charge on the property and then when she tries to sell it can be her turn to try find you to sort it out!

clutton_2

Would it be worth your while to go to see a solicitor for a free half hours consultation at this point ?

JennyB

I was just coming here to say the same thing as Clutton. Have you tried your nearest Law Centre? The homepage has a search tool on the right for finding the nearest one. They may be able to give you free advice - they certainly do advise on housing law issues. I strongly recommend this. I have worked with a housing law solicitor from the law centre before and he was excellent and would even do things like represent you in court.

Failing this, consider having the free half hour with a solicitor. I think that your current problem is a minor one - you just have to know the next step - and you could probably find out all you need to know in the half hour! Also remember that if you win you will be able to recover reasonable costs.

This is not an improssible hurdle to overcome, DO NOT GIVE UP! You even, if I remember rightly, have a letter which indicates that she is aware of the legal action - the one in which she tries to negotiate. I still think that you've done all you need to do - in that you have served her at her last known address - see part 6 CPR 1998. If that is the case you just need to apply for a default judgement. I'm shocked that the court officials are not more helpful regarding procedural issues - I thought they were duty bound to assist.

PLEEEASE don't give up! You can nail this b*tch!

tomstickland

I think we are stuffed and have wasted the extra £80 on applying for this court process as she's going to get away with it by returning the letters unopened, and on top of that simply moving to a new address. Plus she continues to do business with the letting agent as if none of this is going on.

Whatever you do, don't give up!

You've got this far and it'd be a total waste of all the effort to give up.

All that's happened is the landlady has returned post with "gone away" written on it. This has probably happened to people before. I mean, people who owe money can't just return all of the post they receive and hope to get away with it.

Have you spoken to the freel legal advisors at lease-advice.org?

JennyB

Just had another thought about getting some free legal advice. Some bank accounts offer free legal helplines. I've got Barclays' Additions Plus account which I've checked and unfortunately it doesn't cover housing law, but perhaps those at other banks do. I also thought of the Which? Legal Service but it appears from their website that they don't cover housing law matters. Might be worth looking into though - perhaps someone who reads this may have the account in question and might be able to put in a call.

Also, I'm not sure where you are but if you're near a branch of the College of Law and, I imagine, other centres offering legal training for future solicitors and barristers (search for LPC/BVC providers) they run legal advice centres where you may be able to get help. See this website - at the bottom of the page it lists the locations of the College of Law, in the middle it has a little info on the legal advice centres.

Also this webpage again from the College of Law - the section at the top - has links to sources of free legal advice. Which reminds me, you could try the Citizens Advice Bureau - they gave me help on a claim to an employment tribunal before. Even if they can't answer your particular question they should be able to direct you to other sources of help. I've always found them very helpful and knowledgeable.

The AdviceNow website's section on housing links to lots of sources of information to do with housing law that may be of use also.

EagerLearner

Hi all - thanks for your ongoing messages and support - I managed to talk to someone at the court over the phone a few moments ago and she was sooooo much more helpful and reassuring. She basically said that even in the worst case scenario, this landlady better rack up or else she'll have a judgement against her NAME regardless of where she chooses to live.

It also helps that my friend who works in the financial industry is re-checking the data on her and posting me a juicy envelope tonight (I can't help looking forward to nosing about in her credit details now, with a hot cup of coffee!). By all accounts her credit rating is very good, so she's clearly not thinking straight.

Also, the court said that even if the letting agent sent a letter offering to negotiate, the matter is with the court now and we have no obligation to respond - rather that the landlady should realise this is a serious matter and if she ignores it, it will be at her peril.

To be honest, we have already discounted this cash anyway, so if she wants to ruin her credit rating, that's her lookout.

I am so glad you have posted all these useful links - should the time come to put a charging order against her properties for example, I will definately be calling a few of those numbers...

Next step: Courts will file judgement against her within the next week or so (they still haven't got round to it due to backlogs) and we will receive confirmation in the post.

clutton_2

FANTASTIC !!!!! glad to see that your spirits are revived !! good move to mentally write off the money, then the whole affair loses its financial edge for you, and becomes a battle for justice - and you have hundreds of soldiers in your team !!!!

when you do get the money, spoil yourself rotten with it !!!!!!