Please help re flat deposit

Mrs_pbradley936

Hi glad you have come back refreshed and ready to take the landlady. Her saying she has changed her address only makes the agent look bad as the pair of them are supposed to provide you with an address for service. I hope you have the same judge!

irishjohn

Boy have I been hungry for news and looking forward to you coming back - totally agree with you on XMAS hols - done Canaries - twice, South Africa - twice, San Francisco - once, and Amsterdam twice - now I am home in Ireland taking care of elderly mum because I have a selfish pair of siblings who have never really bothered. And gusee what happens - this year my little bro (51 on Jan 1 ) and his cow of a wife decided to invite Mum for Xmas dinner - and of course i got an indirect invite (Mum - tell John he is very welcome to join us) but I stopped home on my own and had a lovely day pleasing myself - why should I go to them and be the entertainment!!

Anyway - great news on the court date, good job you went along. So she is using the address we located the details on is she? the little two bedroom terrace? Sounding like an asset rich cash poor being to me - and soon - asset rich cash poorer -

I wish the court would accept a petition signed by all of us - demanding hard labour !!

Mrs_pbradley936

I just had a thought. You already have judgement so is she appealing that? Can that be done? If not what is she doing? Has she issued a claim against you two?

BettiePage

Wow, just spent nearly 3 hrs ( in total) reading all that!

Well done EL for getting this far and not giving up!

clutton_2

EL - what was the situation with the inventory when you moved in - as this will be the crux of your defence if she is claiming costs from you for delapidations repairs. If there was no inventory - (or a poor quality one) she cannot then prove the standard of repairs at the beginning of the tenancy, therefore she has no comparative proof for the state of repair at the end - therfore how can she claim that any change in condition has taken place.

A friend who has been a magistrate for years, tells me that judges he knows always adopt the view that "counter-claims" such as her, are viewed as sour grapes and not taken as seriously as if they had been claimed for before.

irnbru_2

EagerLearner wrote:

On the 15th (a mere 48 hours later) she logged her court papers and a date has been set for 17th Feb. She states on her papers that 'correspondence had been sent to wrong address' and also that 'amount owed by claimant is more than the deposit amount'.

Hasn't judgement been awarded in your case? Is this a counter claim?

I'd just send the bailiffs round to the new address.

EagerLearner

Hi all,

The address she has put on the form is the NEW c/o address we knew about from the LA in November - ie: it's the decorators' new address, not LA REAL address that we filed the case at. As this 'new' address is a c/o address we couldn't have used it anyway!

The form we received says 'Hearing Of Application' and says:

"The hearing of the defendants application for Set Aside Judgement will take place at 10:30 on 17th January 2006"

Says "I intend to apply for an order to set aside judgement because: a) Notification of original hearing sent to wrong address and b) Money owed by tenant greater than deposit = counterclaim".

I thought it was Feb, still have some time though.

She has had to pay £65 to file this, which is at least something.

So we're unsure how she can do this when we already got the judgement? Presumably she can do it because she is pretending she never got the documents at the 'correct' address?

EagerLearner

clutton wrote:

EL - what was the situation with the inventory when you moved in - as this will be the crux of your defence if she is claiming costs from you for delapidations repairs. If there was no inventory - (or a poor quality one) she cannot then prove the standard of repairs at the beginning of the tenancy, therefore she has no comparative proof for the state of repair at the end - therfore how can she claim that any change in condition has taken place.

A friend who has been a magistrate for years, tells me that judges he knows always adopt the view that "counter-claims" such as her, are viewed as sour grapes and not taken as seriously as if they had been claimed for before.

Hi C - when we moved in we did write on the inventory that the living room carpet was sunstained & marked, radiator cover was marked (although we did add another accidental mark) and general things like the washing machine having a pencil mark etc. We were very detailed and will def take that paperwork to court.

EagerLearner

BettiePage wrote:

Wow, just spent nearly 3 hrs ( in total) reading all that!

Well done EL for getting this far and not giving up!

Welcome Bettie - the more the merrier - it's quite a ride, eh!

clutton_2

if the notification was sent to the "wrong" address how come she heard about the case at all ??????