Request of judgement for small claims form

ajm410

Hi,

Can anyone please help?

I have submitted a small claims order against my ex-landlady after she failed to return any of our deposit or reveal any intension of doing so. Also, she had not protected it, so we claimed for an additional three times that ammount.

I issued the claim on 02/03/2010 and was told that she had until 25/03/2010 to respond. I left it thinking that I would hear back from the court about what would happen next. I heard nothing however, and contacted them for info.

They have told me that I need to write to them requesting judgement. I am not only amazed at this given the fact that I have already paid £108 admin fee. What was that for exactly?

That's not my question though.Could anyone please advise me as to what I should be writing to them. Is it a simple case of saying 'I request judgement by default on claim number...' or is there anything else that I need to say, because the woman on the phone seemed to have less of an idea than I do. I've tried looking on the websites but it tells me what to do, just not how to do it.

Any help would be greatly appreciated.

Many thanks,

Anthony

BASFORDLAD

Its quite normal

After she has failed to reply you claim for "judgement by default"

I assume you used money claim online?

Cannon_Fodder

Don't you have to wait until the 25th ?

She might yet respond, with valid (to her or the law) arguments.

ajm410

Thanks for the swift response.

I did not use moneyclaim online as it was recommended on this forum that I didn't.

The thing is that on the website it says that I need to 'think carefully' about asking how I want it to be paid, but I have no idea that it has all been accepted. I claimed for the orininal deposit, plus 3x, but I have no idea whether the court has agreed whether or not she need pay that. I know for a fact that she is still renting the property andso thought it might be best to ask for it in installments of the ammount she receievs in rent from them for 4 months plus whatever is left in the 5th month. Also, there's incurred interest of .23 pence per day.

I've been tol that I need to write to the court so I have drafted a 'I would like to formally request judgement...' but have no idea of what else is needed or even how much I should be asking for?

Thanks again

clutton_2

have you been informed of a date for the hearing yet ? if you have not then how can the case have been heard ?

ajm410

P.S. I might have got it wrong that I need to request how it should be paid. Sorry but it is all very confusing.

Do I just need to request judgement? And also, would you happen to know what will happen from then on?

ajm410

I have heard nothing from the court since the 5th of March when they sent me a copy of the claim stating when it would be submitted. As far as I am aware the case has not been heard.

Do I just therefore need to ask for a judgement to be made?

dmg24

You seem rather confused.

Why would you be applying for a judgment when your LL has until the 25th to respond?

Why are you claiming for 'the orininal deposit, plus 3x' (I assume you mean three times the amount)?

(Crossposted - do you mean March, not April?)

ajm410

I did mean March not April, apologies.

I have evidence to show that she never protected the deposit so I claimed for the original amount plus three times that amount. Sorry for not making that clear.

dmg24

ajm410 wrote: »

I did mean March not April, apologies.

I have evidence to show that she never protected the deposit so I claimed for the original amount plus three times that amount. Sorry for not making that clear.

Is there a statutory measure providing for compensation of three times the amount? If not, how did you come up with this amount?

ajm410

[FONT=&quot]According to the Housing Act 2004 s.213, any deposit must be registered with an approved scheme and that the tenant must be notified of the registration details within 14 days of it being paid.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The penalty for non compliance as per s.214.4 is the following: ‘The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order’.[/FONT]