Please help re flat deposit

clutton_2

i would just say that judgement has been granted, and unless a cheque for the full amount is forthcoming by 7 days a Legal Charge will be levied on her property - make it short, very short, and sweet.

EagerLearner

Hi all,

What do you think of this:

"You will note the enclosed court decision in our favour - a County Court Judgement has been made against the landlord and the sum of £718.89 is due to us with immediate effect.

Please ensure payment reaches us within 7 days. Should we not receive £718.89 by the 7th November 2006, we will immediately take further legal action.

When payment is received we will contact the court, to ensure a CCJ is not allocated against the landlords’ credit record.

We therefore trust you will assist in resolving this matter expediently within 7 days


Yours Sincerely,"

I wanted to mention her credit record so they can pass this on to her, as I doubt she is aware of how much a CCJ can impact her credit record.

hjb123

Sounds a great one to me - just the right length and to the point getting across the details that need to be got across - if I saw that Id think the person that wrote it means business and wont be backing down!!

Mrs_pbradley936

No. They have not been ordered to pay you. If you ask them for money you give them the satisfaction of refusing. By all means tell them that the Court has found in your favour. I like what you said in your previous draft if you leave out the bit about the media.

irnbru_2

EagerLearner wrote:

I wanted to mention her credit record so they can pass this on to her, as I doubt she is aware of how much a CCJ can impact her credit record.

... surely that is only applicable if she requires credit? If she's in positive cash flow she might not seek additional credit.

EagerLearner wrote:

You will note the enclosed court decision in our favour. The sum of £718 is due to us with immediate effect, £625 of which is held by yourselves.

You still deal with the landlord therefore payment is expected from yourselves or the landlord within 7 days from today's date.

I think this is sufficient. You're relying on the LA's common sense that they have a contractual duty regarding your deposit. Hopefully, they'll recognise that the LL has lost and that they can safely handback the deposit without fear of repercussion from the LL.

Otherwise, you will have to issue a TPDO against the LA which will result in the LA having to go to court. That's going to cost them time.

I still like the idea of serving the TPDO against the current tennant and leaving the LL with one less income stream

EagerLearner

Thanks all - have faxed the LA and also posted the same letter to them via Special Delivery. We'll see how things go.

irnbru - what is a TPDO and how would I serve it against the LA?

irnbru_2

EagerLearner wrote:

Thanks all - have faxed the LA and also posted the same letter to them via Special Delivery.

Good. You have some time to find out what action to take if they refuse.

EagerLearner wrote:

what is a TPDO and how would I serve it against the LA?

You need to go back to the court to have the TPDO issued.

This thread seems to say that because your claim is greater than the monies held by the LA that it might not be applicable

You have her bank details don't you?

Lets hope the LA has a conscience.

EagerLearner

Hi Irnbru,

We don't have her bank details - as we paid rent to the LA...

irnbru_2

EagerLearner wrote:

Hi Irnbru,

We don't have her bank details - as we paid rent to the LA...

What about these accounts?

EagerLearner

irnbru wrote:

What about these accounts?

Very true - but surely if my friend were to give me that data I would have to disclose where I obtained it from as it's not available to the public?

Just realised we put the wrong 'demand' date on the LA letter after we said 7 days :doh: Still - they know it's 7 days from today...