Please help re flat deposit

EagerLearner

clutton wrote:

how disappointing for you - but the new electoral roll is currently being compiled, and she has to register by law, once she is on there - maybe that will help

Can you go back to the court and ask for further expenses you have spent in pursuiance of this claim, thus getting it up to theh £1001 mark ?

Thanks C - I think I'd have to have alot of expenses - really it boils down to phone calls, time spent writing faxes and letters etc. I doubt we can say that cost £283 and anyway now that the court has passed judgement can we add more onto that?

Edna_Bucket_2

EagerLearner wrote:

...we don't have her new address so we can't proceed with Warrant Of Execution (Bailiffs) or Third Party Debt Order (re LA and the money she gets each month for rent).

...The letting agent have no obligation to give her address now as they no longer deal with us and have given her back the deposit. I am faxing them but I doubt they will be helpful as she's still doing business with them.

Moral obligation or legal obligation? 1) They admit they still deal with her, 2) they know you have a legal order against her, and they won't give you or the Court the address.

You're still being way too nice IMHO. I'd be round there in their office ruining their business with other visitors haranguing the vermin loudly and publicly until they give the details to you...or you could ask them if they would prefer you to give the Bailiffs their details to contact her.

Alternatively sign up some friends they don't know with them to do a spot of flat hunting - get them to be shown her other properties, get to the stage of contract with her new details on it, and there you go.

If someone knows the address of an individual with a Court Order against them and refuses to disclose it, isn't that tantamount to "aiding and abetting"?

A criminal rather than a civil matter?

aderbyshirelad

:mad: :mad: :mad:

This all sounds insane to me eagerlearner - you have my heartfelt sympathy.

HOWEVER -keep the faith and don't give up. I have absolutely no idea how the system works, so unfortunately can't give any advice, BUT I cannot and indeed refuse to, believe that your ex-LL can get away with this. There have to be mechanisms in place for this to be resolved - otherwise court judgements wouldn't be worth the paper they are written on and the whole system would collapse.

Maybe its time to go to your local MP, the media etc etc.

You will triumph. You are in the right. It's your money and you will get it.

P.s. do you have a photo of the landlady from Hades cos maybe posting "Wanted" posters about the place might get some results!!! :rotfl:

STICK WITH IT

irnbru_2

EagerLearner wrote:

The landlord provided 'receipts' and 'invoices' to the letting agent (even though most handwritten) so I am sure the LA & the Landlord are covering their tracks there.

I'd ask for a copy of all receipts.

EagerLearner wrote:

They are on her side, it's pointless.

I have to disagree.

Yes, it's hard to deal with when it's a civil matter.

Yes, it's a PITA when it seems your LL and LA seem to believe they can get away with it.

How much did you spend on Small Claims Court (SCC) fees?

Go speak to your local MP and councillor regarding the Data Protection issue and not releasing the LL's address. You'll be surprised at how helpful they can be when they see you've already been awarded judgement.

I think you should take a closer look at the LA's actions. IIWM, and I had the money, I'd take them to the SCC for breach of contract. Let them present handwritten receipts as evidence to a judge.

EagerLearner

Hi all - thanks so much for the support - I am pretty down today so it means alot to have you backing me.

We received the receipt copies ages ago, they have been 'presented' therefore the LA can say they did their bit.

I have faxed them now but just don't think they will do a thing. The Legal helpline said that as they are still dealing with her and we are no longer customers, the LA may take a view that giving us her address is against Data Protection.

We tried using Data Protection Act with her local county re her having a legal action against her so therefore they should be obligated to give us her details - but they said no, citing the other Data Protection Act clause stating they have to protect her identity.

She has known all along that she could do this and no doubt if we do ever ger hold of her address, she will claim to know nothing of the court proceedings and backdate her 'move date' back to August claiming all the court docs were never seen/received.

Edna_Bucket_2

EagerLearner wrote:

...She has known all along that she could do this and no doubt if we do ever ger hold of her address, she will claim to know nothing of the court proceedings and backdate her 'move date' back to August claiming all the court docs were never seen/received.

You will find that there is one imperative that holds good across all fields of the law. That is:

"Ignorance is no defence in the eyes of the law"

It would be up to her to prove any of the above I've quoted, not you.

I repeat in another way - No-one who does business of any kind is invisible in any way these days. It's just a question of finding her.

Does she have a company? Then go through CH to trace her. If the LA are still in touch with her I refer to my previous comments. Tell them what I've said and get them to pass on the message - it might be useful for them to know that you might start generally f**king with her life if she doesn't pay up.

I'd certainly be tempted to send a copy of the Court judgement straight to the two main credit referencing agencies - Experian and Equifax. Let's see how her credit score looks when that hits their in-trays...

prudryden

Get a PI to locate the party. They won't be very expensive for an address location. Probably have it within a day or less.

irnbru_2

EagerLearner wrote:

We tried using Data Protection Act with her local county re her having a legal action against her so therefore they should be obligated to give us her details - but they said no, citing the other Data Protection Act clause stating they have to protect her identity.

I know, Musey's post was clear and you should pursue it. Find your MP's surgery and make an appointment.

How to complain about data protection.

I have to agree with others - you're far to nice. Get angry!

EagerLearner

Hi all,

She has no company. We have no address to start a search on, so my friend in the finance industry can't help me this time.

I don't know where to start re MP - can anyone give me some directions re Brighton? Anyway, why will they listen to me if the case is in court - what do I say?

I am not being nice, I am more than angry but have never done any of this before - just despirited that after all this she can just crawl back into the woodwork.

irnbru_2

EagerLearner wrote:

I don't know where to start re MP - can anyone give me some directions re Brighton?

www.WriteToThem.com

EagerLearner wrote:

Anyway, why will they listen to me if the case is in court - what do I say?

You're seeking assistance with a disclose under the DPA which you believe has been refused incorrectly.

Did you actually fill in a form to have it disclosed? Alternatively, you can write to the Information Commisioner.

If your LL moves within the same local authority boundary they'll have her address.

Did she not own the property where you sent the court documents?