Please help re flat deposit

clutton_2

irnbru - WOULDN'T that be sweet revenge !!

barnaby-bear

irnbru wrote:

So, given the limits on the Smal Claims Court, could a tennant seek to recover rent paid where no acceptable landlord address had been provided? For instance , if EL wrote off the rent except to the value of £5000 could they seek to recover that amount having been made aware of that the contract is invalid?

Doubt it, although suspect enough to mean agent clearly in wrong and therefore VERY unlikely to have any chance of costs, and likely to be compelled to yield valid address and moderately possible to be liable for part or full deposit and/or incurred tracing landlord costs.

Edna_Bucket_2

EagerLearner wrote:

...On the other hand if the judge sees in their favour, that the c/o address was acceptable and that they had a right to give her the deposit back as they were not managing agents, we've wasted time and may even get stung with their legal fees.

There seems no majority of certainty (if that makes sense) that we will get any further by taking them to court?

I thought we'd already had this discussion? I didn't think there was ANY provision under SCC procedure for them to claim these back?

Anyway, and as an aside, "legal fees" my a**e! Have they even employed a solicitor to file their defence? Doubt it - presumably filled it in themselves and sent it back? Are they even going to attend Court on the 13th, let alone have a solicitor with them - doubt it once again?

Is anyone on this thread running a betting book on:

a) a LA no show

b) a LA settlement offer appearing mysteriously on the 12th

What are the current odds?

irishjohn

Hi EL
Been keeping tracks of whats been going on and am still hopeful that you persist with the claims against both - It seems very strong in your favour. Just popping back in to say that tomorrow is the publication day of the new Annual Electoral Register. You are entitled to go and inspect the full electoral register to confirm who is registered at an address at the local council offices or the British Library in London.

Some will try and tell you you can only look at the edited register - which does not display electors who have opted out and only appear on the full register. The law is wooly and anyone can look at any address and see who is registered, and make hand written notes. The register refers to people resident at their address on 15th October 2006.

The evil LL has to be on the register somewhere if she wants to open bank accounts etc and she must surely be opening accounts all over the place to hide her ill gotten gains. Additionally - if she isn't registered she is breaking the law and could be subject to a £1000 fine but unfortunately its a rare prosecution!!


Let us all know if we can do anything more in terms of supporting you through this!!

John

prudryden

Go for it El - good post by Irish. Maybe we could all have a look.

EagerLearner

Thanks Irish & Prudryden - this week and next week are hellish as I am trying to get this office shut down - our lats day is 15th Dec and I have to get quotes for value on all items, delivery, storage, get final amounts on contracts bla bla - if anyone did want to do investigative/detective work re landlady I am happy to give you the addresses I have via PM (someone you may already have the details).

Like I said before, our overall feeling is that pursuing the landlady with all our force in January would be a better use of energy as we have so little time this side of Xmas and also in January I will be starting as self-employed - from then I won't be near the court anymore so it will all be via post. In the first couple weeks of Jan I will have more spare time than now though.

Sorry to ask again but I am still not sure - IF we lose - will the court be able to make us pay the LA legal fees? Their response to the court letter was filled in by them, have not seen anything that would indicate solicitors. Plus what they filled in seemed as if it was copied from a template and had lots of legalese. Still, would they be able to make us pay if this became an issue?

IF we win - will the judge be able to make the LA give us all our deposit back, seeing as they have already given it to the landlady?

barnaby-bear

EagerLearner wrote:

Thanks Irish & Prudryden - this week and next week are hellish as I am trying to get this office shut down - our lats day is 15th Dec and I have to get quotes for value on all items, delivery, storage, get final amounts on contracts bla bla - if anyone did want to do investigative/detective work re landlady I am happy to give you the addresses I have via PM (someone you may already have the details).

Like I said before, our overall feeling is that pursuing the landlady with all our force in January would be a better use of energy as we have so little time this side of Xmas and also in January I will be starting as self-employed - from then I won't be near the court anymore so it will all be via post. In the first couple weeks of Jan I will have more spare time than now though.

Sorry to ask again but I am still not sure - IF we lose - will the court be able to make us pay the LA legal fees? Their response to the court letter was filled in by them, have not seen anything that would indicate solicitors. Plus what they filled in seemed as if it was copied from a template and had lots of legalese. Still, would they be able to make us pay if this became an issue?

IF we win - will the judge be able to make the LA give us all our deposit back, seeing as they have already given it to the landlady?

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm
In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims. It may be possible to get legal advice (not representation) from a solicitor under the legal help scheme.

I think you need to make it clear to the court that the LA has TOLD you returned deposit but stilll has access to her accounts and revenue stream i.e. was that money passed back rent on the property or your deposit... the problems with multiple names/addresses arose because of LA - who legally shuld have given you address. Judges make surprising decisions so don't assume LA isn't liable or could not be held so.

irnbru_2

EagerLearner wrote:

IF we lose - will the court be able to make us pay the LA legal fees?

Only if your claim was frivolous.

EagerLearner wrote:

IF we win - will the judge be able to make the LA give us all our deposit back, seeing as they have already given it to the landlady?

Not unless you get Judge Dread You still have to enforce the decision.

If the LA fails to pay upon demand, you can seek a winding-up order. That'll put them out of business.

prudryden

EL - You should have a copy of the defence motion. On the form, it will have a place for them to fill in if they are counterclaiming. Did they indicate that they were counterclaiming for costs?

For my own education, why couldn't the LA claim for costs if they have done everything possible to satisfy the plantive's requests during the discovery stage and they have no further information to provide?

EagerLearner

I will have to go through the (mountain) paperwork and find their counterclaim to see if they mention costs - I know they did say at one point they would, almost 100% sure it must have been on the counterclaim form.