Please help re flat deposit

littlesaint

That's great news - well done!

EagerLearner

Thanks everyone - like I said, it's a victory of sorts but doesn't feel like one yet as we can't 'get' her!

I don't know where we stand now - she's been ordered to pay the money but may well ignore the letter again. That means the letting agent will keep earning interest on our £625...

tomstickland

The court is on your side though. This woman cannot dissappear, especially since the letting agent obviously deal with her still.

irnbru_2

EagerLearner wrote:

That means the letting agent will keep earning interest on our £625...

[STRIKE]Speak/write to the LA requesting full return of your deposit. Advise them you've been awarded full judgement.

AIUI, you have a contract with them regarding returning the deposit - they've hardly fulfilled it and, IMHO, are in breach. The irony is that you could sue them through the small claims court for breach of contract pointing out you've had to (succcessfully) go through that procedure because of them in the the first place!

It might be worth speaking to Trading Standards regarding the LA's actions in resolving your dispute.[/STRIKE]

Third Party Debit Order

Take it out against the LA.
Take it out against the current tennant, that'll make the LL sit up and notice

EagerLearner

Thanks Irnbru - how long would we wait before we do this? I was thinking 2-3 weeks to allow her and the LA to talk. I know the Third Party Debt Order will cost and it's money we don't have to hand at the mo.

Faxing the LA tomorrow will cost me nothing and we can state that if the cheque is received within the next 7 days we will take no further legal action against them? Maybe even mentioning the Third Party Debt Order?

liz545

Brilliant news! At last you're seeing the end of this saga, and with any luck you'll have your money soon. I've been following this thread eagerly, as we're in the middle of going through the process ourselves, and it's so comforting to know that other people are in the same boat. I think my first point of call would be the EA, as this doesn't cost you anything. Point out that if they want their client to avoid the embarrassment of bailiffs, charging orders or a 3rd party order, they should cough up the deposit within the next 7 days. Remind them that you have a court judgement in your favour, and you will be pursuing both further court action against them and also contacting the local press and ARLA (https://www.arla.co.uk) to highlight their utter disregard for tenants and the law. You have written proof that you're in the right, so be pushy!

We have our court date at the end of next week - I'm getting nervous now!

hjb123

Thats quite a good one - or maybe it would be worth sending the letter/fax by post recorded delivery then you have proof they have got it so they cant get out of it by saying that they never got the fax or some excuse! Still give them a set deadline for you not taking action against them - they will be able to speak with the landlady from hell as she still has property/ies with them and do something!

Good Luck - bet you are still on a high?!

Edna_Bucket_2

EagerLearner wrote:

Thanks Irnbru - how long would we wait before we do this? I was thinking 2-3 weeks to allow her and the LA to talk. I know the Third Party Debt Order will cost and it's money we don't have to hand at the mo.

Faxing the LA tomorrow will cost me nothing and we can state that if the cheque is received within the next 7 days we will take no further legal action against them? Maybe even mentioning the Third Party Debt Order?

Well done!!

Wasn't it said much earlier in the thread that you should get the Court to set a charge against the property (i.e. the sum you're now owed) through the Land Registry (or something like that)?

Then that will have to be disclosed to anyone thinking of buying it and she'll be stuffed if she doesn't pay you.

Might be worth telling the LA that to scare the proverbial out of them if you are faxing them anyway?

clutton_2

Fantastic !!!!!! i am SO pleased for you !!!!! power to the internet !!!!!!!

pavlovs_dog

woooohoooo!

go eager learner :T :T :T