Please help re flat deposit

EagerLearner

PS: Thanks notasdaftasilook for your latest vote re post of the month and everyone else who's been supporting me - it's an honour but I still maintain you lot here are the ones who are earning any votes that come in!

-monky-

EagerLearner wrote:

UPDATE 21/11/06

Hi everyone,

Last night I came home to a notice from the court saying we have a court date set - 13th December, 3 days before we leave on holiday!

OK you'll have to forgive me for asking a potentially stupid question, but here goes...how come you have a court date set when you have already had judgement in your favour without a court hearing? (I have just re-read the last 5 pages and it didnt help me work it out)

EagerLearner

-monky- wrote:

OK you'll have to forgive me for asking a potentially stupid question, but here goes...how come you have a court date set when you have already had judgement in your favour without a court hearing? (I have just re-read the last 5 pages and it didnt help me work it out)

Called the court - they say the 13th Dec would relate to the letting agent attending court, not the landlady.

They say our options now would seem to be:

a) Order for Questioning - £45 - Whereby the landlady is ordered to attend court for questioning so they can get more info on her earnings etc

b) Warrant Of Execution - £55 - Whereby a bailiff attends her property to attempt to seize goods etc.

Problem is we still don't know if the damned woman has moved!

I guess all we can do is send the letter to the court stating her new address, as given by the letting agent.

Then when we decide whether to take option a) or b) then the court have the latest address on file to proceed with.

Throwing good money after bad?

clutton_2

can't you get someone who she does not know to go do a recce / knock on the door with a "research questionairre " / Deliver a package and get a signature ? / ask if Mrs Smith lives there and take photo with mobile phone ? devious i know ....... but ..........

EagerLearner

It's something I could ask around about, but the court were pretty much saying that we need to think about whether we're throwing good money after bad, seeing as she's already ignored our attempts - will speak to Mr EL . Poor thing has had to go to hospital as it looks like he may need a wrist operation, last thing we need.

(Lifts head above gloom) - today's achievements:

Paid for Thailand holiday today. Picked up some Thai frills spending money (the £120 in my sig from £2 club is now... £0)

Narrowed down poss Self Employed business names and researched domain names for websites (also posted message on Techie board). Researched business cards.

irishwench69

Hi EL :hello:

Nothing useful to add really except I'm so proud of how you're getting on.......the whole situation with the LL is :mad: ........

I hope you have a good holiday, and are able to come back relaxed and ready to really push your new business / venture......

Of course I hope you find the LL and give her a good @ss kicking before the holiday!! :rolleyes:

IW x

zebulon

EagerLearner wrote:

and also to explain exactly what a 'monthly premium' is and how much it will cost you - I have never heard of such a thing but maybe it is legal so whatever the amount is could be due.

:rotfl: I think I got it - he found a new tenant for Dec. 2, but I give a notice for the end of the month (i.e. 30) (lease started a 30)
Is he not just trying to get us to pay for 1 day (Dec 1.) using some kind of intellectual looking words - what a joke!

It’s not because I am not an Anglophone that I’m stupid!

EagerLearner wrote:

Good luck - and sorry about the party you were late for!

no worries - I'll get over it.

I so wish I was leaving in you area - always wanted to be a detective :cool: - with my little most common car in the uk, it would be just perfect! - anyway that's not helping you much.

From my point of view it's "go for it" - but it's not me who was in this situation for 4 months. £700 is SO much money!

But also I would say that it's beyond the money now ? and it's to do with justice, pride etc... but maybe I'm wrong.

clutton_2

i would go for the order for questioning AND the bailiffs !!!! she will be in contempt of court if she does not attend, and i don't know whether the police can arrest her or not, i would have thought yes myself.

AND i would get the Bailiffs to do the "public humiliation" bit and then add both sets of costs onto the case.

The courts will write to you every year to ask if you still want them to pursue this debt and you can write back each year and say yes - so the CCJ will never be revoked until she pays up. So, even if you dont get the money she will always have a CCJ against her

For the sake of £45/£55 would you look back and really regret not going the whole hog ?

bw

clutton

Mrs_pbradley936

Don't you dare stop now! Spoiling the ship for a ha'pth of tar springs to mind. We will have a whip round if you need us to.

When to go to the Court against the agents I would stress that you gave them the money as you believed them to be acting in a professional capacity and in addition they knew that the matter was in dispute when they gave the landlady your money.

My agents would never do that. They keep it until the tenants and I agree on what if anything needs to be paid for. Usually the whole deposit is returned unless they want a professional cleaner to go in and sort it out after they leave and that costs around £75 for a really good clean on an approx 700 square foot flat. Some people just prefer to do that others do it themselves - I just want it tidy enough for the next tenant to find acceptable.

I will give you a letter to take to the Court showing that it is not common practice to give the deposit money to the landlady if it is under dispute if you want.

clutton_2

whip round - count me in !!!!!