Please help re flat deposit

barnaby-bear

EagerLearner wrote:

they never formally responded to our written request.

--- errr ILLEGAL quote blah-de-blah law

EagerLearner wrote:

If they are able to accept a 'business address' from a potential landlord, then they have done nothing wrong in terms of the address, because a 'business' address is what she provided them with. UNLESSS they are formally required to obtain someone's real address at the start of taking on a new landlord? Then, they would ask for an address for correspondence which could be different?

It has to be court servable address though and since the letters bounced.... It's not your responsibility to worry, they are responsible for covering themselves - they are legally obliged to provide such address and they collected the rent. It's their responsibility to fulfil their legal obligation - we don't care how or whether they were lied to. I don't care how schools check kiddy fiddlers aren't helping kids change, it's up to them to make better checks than a form saying please tick that you don't molest children.

BobProperty

barnaby-bear wrote:

..... I'm not sure whether a magistrate would be able to award the original CCJ .....

I doubt it, because it will be a judge. Magistrates tend to come in benches of 3. Judges at this level (county court) work on their own.

EagerLearner

prudryden wrote:

EL

I have concerns, just as you do, that the LA has no legal obligation to you. They do have an ethical obligation to run their business in line with the good practice principals of ARLA.
E.Q. They should have gone over the contract with you and explain anything that you didn't understand.
The contract was between you and the dubious LL. The LA acted as an introducer only. You will probably notice in your contract that the rent is to paid into the LL bank account by a certain day of the month. The fact that the LA acted as a corresponding bank (i.e. a conduit) I think is irrelevant.
The fact that the LA supplied the contract papers, I also think is irrelevant. The LL could have have bought a tenancy agreement from W.H. SMITH - I doubt W.H. Smith could be brought to court over that.
However, there is something that does concern me. If you paid the LA a fee for the contract - have you paid for a service or for goods? Does that now tie the LA into providing accurate information?

Sorry P - that went waaaaaay over my head - lost me on that one (I am hungover, probably why - 4am bedtime!) :rotfl:

EagerLearner

Thanks all - you are right of course, we pursued the address they gave us, but as all three letters bounced back, we were forced to add the LA to the case as they were our only link to the evasive LL who by then had stopped communication and had already told us verbally she was 'keeping entire deposit'.

Mrs_pbradley936

That is it - just say that exact phrase to the Court.

happyformonths

Just been catching up with the last fortnight's posts on this thread and I must say I was so pleased to hear that you decided to go ahead with the LA court date. I'd be worried and nervous too, but you are definitely in the right, here, and I'm sure the whole experience of actually doing it will give your confidence a boost.

Best of luck on Tuesday and remember we'll all be thinking of you.

HFM

EagerLearner

Hi all - just to clarify I made a mistake in saying Thursday the 13th - it's Wednesday the 13th...

Edna_Bucket_2

EagerLearner wrote:

Thanks all - you are right of course, we pursued the address they gave us, but as all three letters bounced back, we were forced to add the LA to the case as they were our only link to the evasive LL who by then had stopped communication and had already told us verbally she was 'keeping entire deposit'.

and?

"...LA had informed us they were still doing business with her."

Might be worth adding that to the Court comment.

At the end of your case, if the query arises as to why you are pursuing them when you're not actually seeking money from them (which I think is the case unless I've read the thread wrongly) you might want to add that you're intending to hand the entire file across to the criminal authorities, as "they might want to investigate whether the LA and her business associates are serial offenders, and we would want to prevent any future tenants being in exactly the same position we are."

If they actually attend, cue rush for the door at that point by LA and their solicitors to change their underwear!!!

Mrs_pbradley936

Everyone read this:-

http://forums.moneysavingexpert.com/showthread.html?t=325876

What can anyone say?

EagerLearner

It's a bit petty I think - but then I would say that! Much better to get charged £80 than £625 though, I say...

I like Lynzpowers comment:

"In order to take deductions LEGALLY from a deposit you need to take 3 quotes ( not estimates) on headed invoice sheets from contractors & choose the cheapest. this is what my local authority lettings officer told me- if the LL hasnt done that the deduction wont stand up in the small claims court. "

We never got 3 headed paper quotes, maybe she didn't need to give those to us, only the quote she 'paid' for (ha, cough, ha).