Please help re flat deposit

barnaby-bear

EagerLearner wrote:

Thanks PBradley - have edited post - anyone else have comments to add?

Barnaby - that'd be handy indeed, if I knew where the exact 'term' or legalese was written in this post... will have to look later unless someone happens to know what the act is called.

Try posts number :eek: 777-779

clutton_2

has EL got poster of the month yet ?

EagerLearner

Got it -

http://www.arla.co.uk/info/tenants.htm

Solicitors response re c/o address:
http://www.landlordlaw.co.uk/qa.ihtml?id=4&catparid=4&step=6

Oops - 2nd link doesn't show the info/work anymore as I'm not a member!

I did print it off when it was available though. Will a judge accept that?

clutton_2

i think it is essential to include her 4 different - yet "oh so similar" - names - this in itself will give the judge an immediate idea of the sort of person he is dealing with - but can you tell him the legal source by which you came by these names if he asks you ?>

EagerLearner

clutton wrote:

i think it is essential to include her 4 different - yet "oh so similar" - names - this in itself will give the judge an immediate idea of the sort of person he is dealing with - but can you tell him the legal source by which you came by these names if he asks you ?>

Hi C - as this is the case against the letting agent, and they have never given us more than one name, I think we'd have to leave the 'all the names she goes by' issue until the day we get her in court? Just wonder if it's muddying the puddle, when the 13th is about the LA and their actions - that's all

barnaby-bear

EagerLearner wrote:

Got it -

http://www.arla.co.uk/info/tenants.htm

Solicitors response re c/o address:
http://www.landlordlaw.co.uk/qa.ihtml?id=4&catparid=4&step=6

Oops - 2nd link doesn't show the info/work anymore as I'm not a member!

I did print it off when it was available though. Will a judge accept that?

It has the relevent bits of law quoted - they get the info in advance, you make lazy, non-expert magistrates job easier - end of the day legally no servable address something they have legal duty to provide - them bad. Just stick the laws in. The idea is a tenant should be able to pursue slimeball landlord and not use agency as smoke screen and agent legally obliged not to be such. End of.

Besides the source is available if you pay. We were just lucky to get it as a freebie.

barnaby-bear

EagerLearner wrote:

Hi C - as this is the case against the letting agent, and they have never given us more than one name, I think we'd have to leave the 'all the names she goes by' issue until the day we get her in court? Just wonder if it's muddying the puddle, when the 13th is about the LA and their actions - that's all

Can see both arguments - i.e. your only legal chance to question checks on her identity etc. but also don't want to make her look so slimey that agent innocent and duped. I would however point out that agent has control of her revenue stream i.e. is processing several thousand pounds of her (or your) cash each month - from what I've read it isn't unheard of for judge to stop money via bank, benefits etc for creditor. The agent to effects has postioned themselves literally as her agent and as such has some liability the way you see it - or at least I do. Please enjoy the 13th I'm glad you didn't delay - it's a good practice run if anything and magistrates are very soft and fluffy, you are well prepared and have evidence and principle of law. You pursued because it really is unclear whether agent is landlord to effect and certainly not malicious. My wife suggested shoving a pillow up you jumper to look barefoot and preggers and a bit needy - it made me laugh and I told her I couldn't see it. Both rooting for you, wish we could see it.

franklee

EL,

On 16-08-2006 in post 151 of this thread you wrote:

"Also - the 'decorating' was done and 'invoiced' by the same person who lives and owns the c/o address we've always had for the landlady. Should that be mentioned on our court claim?"

Since then the thread has been written referring to the dodgy decorator being at the c/o address.

But now you are saying that the decorating receipt is from the new address that the agent gave you, post 825:

"Strangest of all - Gloria's decorating receipt address is the SAME address we have recently been given by the LA! Our recent attempts at finding out info on that address came up with nothing - is there any chance someone can give it another go for us?"

I am now very confused. Is there more than one decorating receipt? Was the new address the agent gave you the same as the c/o address? Or in the rush have you got that last bit wrong. I'd like to know out of curiosity but am really mentioning it to make sure you notice in case a mistake has been made somewhere along the way.

I think it very important to tell the court that your letters were returned when you wrote to the landlady at the address supplied by the agent.

EagerLearner

Thanks everyone - what a night! Got the court pack sorted and the letting agent pack finalised.

This means we spent an hour annotating in red the most relevant bits on each document and also highlighted the general items of interest (quite difficult to do successfully - so we each handled one pile and did it at the same time, checking each page together as we went). We then numbered each document in each pile. 19 documents in all.

Both packs then had a covering letter, Breakdown of Events and Breakdown of Documents (list showing what each numbered document in the pack is).

I'm not planning to be pregnant for quite a while yet, but thanks for the thought he he...

Franklee - well spotted, I realised that 2 nights ago - my eyes must have been screwed up when I initially looked at the invoice months ago - the address on Gloria's decorating invoice is the same address as the latest address provided by the letting agent, ie, still dodgy...

EagerLearner

PLAN OF ACTION FOR TODAY:

- Post letting agent pack today via Recorded Delivery
- Hand deliver court pack today
- Post ARLA complaint today

I was considering also writing a fax to letting agent pretty much saying:

'The recent address you have given us is not the landlords address and as such cannot be used in the court case against her.

We will therefore continue to pursue the landlord under the address we researched ourselves (1st line of address here).

As you continue to deal with the landlord, you may wish to inform them that a CCJ will now be against their name and address. The CCJ will only be removed when the landlord pays the amount due.'

What do you think?