Please help re flat deposit

franklee

clutton wrote:

Surely the court will insist that the LA gives the court the LL address ?

Yes but not if EL cancels taking the agent to court

-monky-

i agree that the court is the only sure-fire way of confirming that the LA tells the truth on what they know about the LL. Think of it this way - once court action against the LA is done, you will have all info you want off them and can basically write them out of the equation. The whole 'LA or LL' thing will be finished, and I think it's pretty clear they havent been acting wholly above board. This alone will affect their reputation.

TBH they are more than likely bricking it and wishing they had acted better - it's up to them to try and convince the court otherwise and I think they will have a hard time doing it. Don't be scared of the LA - you have put so much more research into this than they have, and the fact that you already have judgement against the LL can only help you when the court sees how the LA has colluded with her against you.

clutton_2

what a wise monky !

liz545

I think, since the court date is now only a week away, it's worth going through with the appointment. As monky says, you'll remove the element of uncertainty, and while it's unlikely that it will result in getting all the money back from the LA, it should result in getting the info you need to pursue the LL, and you can leave it until the new year. You really don't have anything to lose at this point!

tomstickland

The impression I get is that the LA seems happy to deal with the LL but suddenly it's none of their business anymore when a problem happens.

irnbru_2

EagerLearner wrote:

they were never arbitrators.

That doesn't correspond with what is written in this post.

irnbru_2

tomstickland wrote:

The impression I get is that the LA seems happy to deal with the LL but suddenly it's none of their business anymore when a problem happens.

Do as I say not as I do ........................

EagerLearner

Thanks all - I will speak to Mr EL tonight and we will make a final decision.

If we go for it, the letter from court says present documents no later than 14 days prior to court date (so deadline was Friday 1st Dec?), I will call them first thing tomorrow am and say we have been on holiday and see if we can still do it.

If not, it's because it's all become too much! I know what you mean about this being the only way we can get the real info on landlady and squeeze them a bit.

barnaby-bear

irnbru wrote:

That doesn't correspond with what is written in this post.

I think that's a very useful post - in my eyes it's not whether the agent per se is liable - the landlady has the judgement and your money, but whether the agent by their actions, the address, the corresponding on her behalf well after deposit returned, continual access to her rental income, the dubious combined addresses, your inability to serve papers etc, has rendered themselves literally agent of the landlady and therefore her representative.
VERY important to get in that unsure of her name (mention the multiple names) and address in - i.e. dodgy people alarm bells...

You gave the deposit to them, they communicated offering to discuss negotiating in spetember - suggests they are the landlady's agent.

Be more confident - you in right - agent in wrong - court no stress.

Mrs_pbradley936

If they say you are late with the paperwork ask for a new date - say for when you come back from holiday.