Please help re flat deposit

EagerLearner

Hi all, well the news is only half good - the case was dismissed which is good for us, as we knew we wouldnt 'win' it as we were not after cash from the LA.

They had a trainee solicitor representing them and she looked about 25 - plus came up to us in the beginning before we had been called in, to say 'I presume you don't want to drop your case'. We figure this was psychological warfare and promtly said no and ignored her.

The judge was scary to start with and pretty much saying what were we doing there and that the LA clearly had a good defence. This obviously made us get our bums into gear and explain all - whilst he sympathised with us once he discovered they had never given us a servable address, he said that the letting agent was on thin ice and he could see why we were annoyed but that on this occasion it was not a small claims issue as we did not want money from the LA. He suggested it could become a criminal issue and that was why the LA were on thin ice but that we needed to pursue the landlady re Warrant and the LA via ARLA. In the end he was nicer than he could have been as he could have awarded in their favour.

As he dismissed it, I am nearly 100% sure that we don't have to pay their costs.

Next step is to hear from ARLA re our complaint and in January start Warrant of Execution against LL re bailiffs.

Phew - having a dinner with friends tonight and looking forward to it...

Thanks all!

Mrs_pbradley936

Well I think that is a great outcome. If he thinks it could become a criminal issue write to the police and say you suspect Agents to be aiding money laundering.

glitterygert

Well done EL, I bet you're glad that bits over with, I would now wait until after Christmas, have a rest and a good holiday, really pleased for you.

dancingfairy

Hi EL. Glad it didn't go too badly. At least you know where to go now and the letting agents know you mean business and are prepared to stand up for yourself and not let yourself be initimidated - so good for you.

What's the warrant of execution thing? Is this where you can go and take her goods as she has been found to owe you the money?

Enjoy your dinner tonight and have a fab holiday - see you in the new year.

BobProperty

EagerLearner wrote:

....They had a trainee solicitor representing them and she looked about 25 - plus came up to us in the beginning before we had been called in, to say 'I presume you don't want to drop your case'......

I'd be so tempted to say only if you've got £5k cash on you to settle here and now.
It seems normal to try and negotiate outside the courtroom.

EagerLearner wrote:

The judge was scary to start with ......

Nothing new there then. First time I went to court was the same. There was absolutely no doubt who was in charge.

EagerLearner wrote:

As he dismissed it, I am nearly 100% sure that we don't have to pay their costs......

On the grounds that he didn't say anything, plus it was a small claim, plus Miss 25yo solicitor didn't (or forgot to :eek: ) ask for costs, then no. You will get a letter, I think, in a few days informing you in writing of the judge's decision.

mark46327

Well, now the LA's solicitors are in possession of the full facts maybe they'll put the wind up the LAs and the LA will get their act together at last to assist you EL. Here's hoping...

Mark.

hjb123

Glad you are satisfied with the result. Wouldnt be surprised if the Letting Agent is a bit more cooperative now - though I guess you arent really dealing with them anymore - now that the judge has told them they are on thin ice - lets hope the ice cracks!

pigsmightfly

I think thats a good outcome - bet you're glads thats over!

Maybe they will realise now that people will stand up for themselves and they will stop trying to walk all over people!!

Enjoy your meal! :j

EagerLearner

Thanks all - yeah we are happy with it as it means they can't charge us and they now hopefully are thinking seriously about their position if we proceed via the criminal route.

For that, where would we start? I mean, I presume you mean reporting her to the police, and then saving she continues to do business with LA?

Would the police not expect us to issue Warrant Of Execution (bailiffs) rather than call the police?

Feel much better now we have done it - thanks for gently shoving us!

EagerLearner

Re the fees - the LA and their solicitor did stay in the room with the judge afterwards, hopefully they weren't sneakily trying to get him to award fees? They can't do that without us there can they?