Difficulties in getting deposit back!!

palasmy

Now my LL has started to mail me, he is blaming LA for the situation and is kind in his words towards me! Should I oblige his requests about court procedures? I guess as he is living abroad he is unable to get access to court information. I feel it is now upto him and LA to sort things out among themselves?

N79

palasmy wrote: »

Now my LL has started to mail me, he is blaming LA for the situation and is kind in his words towards me! Should I oblige his requests about court procedures?

What requests?

I guess as he is living abroad he is unable to get access to court information. I feel it is now upto him and LA to sort things out among themselves?

Just tell the LL that if he pays you your deposit plus court fees then you will withdraw your claim (or deposit, 3x deposit plus court fees if that is what you want).

N79

palasmy wrote: »

So what should I do next? I have spoken to the court and they have asked me to send in a written letter stating my vacation period, which will start from end of this month for a month. While the court is waiting for the LL's acknowledgement until 18th, they say the district judge will direct the proceedings after that date. Meanwhile, the LL had mailed me yesterday saying that he was 'astonished' that the LA has not returned my money yet despite told to do so few weeks back!

Would it mean that the judge will start having hearings after the 18th, do I have to go to court or will they be able to judge based on the supplied documents? Am I allowed to give additional docs that will help my case now?

1. Write to the court stating when you are not available. They will accommodate any reasonable request.

2. Direction will be where the assigned judge will look at the complexity of the case and will decide the number and length of the hearings. They may have a direction hearing although for simple cases often they will just set a date for the full hearing on the basis that there is nothing to direct. It is possible for either party to attend the direction hearing (and indeed make any applications to the court that they wish to make).

As you are a LIP you will get some slack from the court but you will be expected to broadly follow their procedures. If there is to be a direction hearing then I would suggest that you attend. The court will tell you the date on application but I suspect that it will not be set until after the LL has responded as the court will want to see what they say first. Always deal with the court in writing (if you telephone, always follow up in writing).

When you go to any hearing take with you four bundles of documents. Each bundle should contain all the documents relating to your tenancy, correspondence with the LL/LA etc. Number each document and place them in chronological order. The first document should be an index to the others, the second should be a chronological summary of all the contact between yourself and the LL/LA and TDS and important tenancy events. You need four copies - 1 for the judge, 1 for your LL, 1 for your LA and 1 for yourself. This will go down well with the court as it shows you are organised and prepared. Keep your photocopy receipts and if you win make sure you ask the judge to make an award for these costs (usually granted, even in the small claims court).

Finally, make sure that this case is assigned to the small claims track.

palasmy

Hello everyone, I'm back after a long break. The case has come to life again, the court has send me an 'Allocation Questionaire' which I have been asked to fill and return with a fees of 200 quid! What is this questionaire about and why should I fill this and more importantly I didn't expect another fees in addition to the court fees of 150 that I paid at the start? can some one please clarify...

As I'm struggling with cash at the moment can I request the court for a different date to what is stated in the letter to pay the fees for this questionaire?

It is also stated in the cover letter that none of the defendants have filed a defence, what does this mean because I thought that since the LL and LA have decided to dispute the case, would it not mean that they are defending?

Thanks

palasmy

Hello people. I'm really desperate for some guidance here. I'm becoming a bit nervous about this whole thing now! Please help..

N79

Did you claim for 3x the deposit? What court form did you use to start your claim?

Edit: I see you submitted for N208. Forget the above question

The allocation questionnaire is to determine the correct "track" (ie court process) for your case. Have your received form N149 or N151? (or have you received N150 in error?) I have a nasty feeling that, without appropriate intervention, you case is potentially heading towards the "multi" track at present. As I stated before

Finally, make sure that this case is assigned to the small claims track.

you need to get it onto the small claims track.

What is the total amount you have claimed?

clutton_2

palasmy - have you researched how to Actually get your money from these guys ? IF you get a judgment in court saying that they must pay you - how will you enforce it ?

Getting the judgement is the easy bit.... if the court says the LL is liable for the return of monies.. how will you make him pay ? if he is resident in a non-EU counry you may as well write it off...

may i refer you to a thread on here by Eagerlearner which outlines the difficulties in getting money from people who dont want to pay up..... it will take you a few hours to read.. but well worth the time....

You could spend a lot of money to get a judgement.. and then never get the money .... this happens all the time in the uk justice system.

tbs624

clutton wrote: »

........You could spend a lot of money to get a judgement.. and then never get the money .... this happens all the time in the uk justice system.

*Uk justice system"?? That's a new one.....last time I looked NI and Scotland had their own set ups.;)

As Colincbayley said earlier, a charge against the rental property may prove to be the way to go as far as the LL goes and. if the LA is still in business.......

palasmy

To answer N79, the form they sent me clearly says on the top that it is a Allocation questionnaire for small claims track, so I guess the case is moving in the right direction. About my claim, yes I'm trying to claim 3x the deposit, is that the reason for the extra fees? so will there be more such fees as the case progresses?

Clutton, although my LL is in a Non-EU country, I guess the contract was drafted by the LA and they acted on behalf of the LL, and according to the famous 'DRAYTON' case (pointed out by tbs624), any person acting on behalf of the LL will be liable for the deposit. So would it not be clear from this that the LA will be held responsible for the penalties? or do you think I should still be cautious on thsi note?

Just to brief you all on the case, in the acknowledgement form the LA had obviously stated that they intend to contest the claim and mentioned that I should have used the TDS for the dispute which doesn't make any sense as they have not protected the deposit in the first place? Can I assume that my chances of winning the case are more with this one strong point?

Secondly the LA have for no reason claimed that the house was not left in good condition (which is absolutely ridiculous as I have enough evidence to prove that wrong) which is no way related to the actual case, isn't it? isn't the case all about the deposit being not protected and not about the dispute?

Thanks

clutton_2

palasmy - taking anyone to court in UK is a gamble... there have been several conflicting judgements on this 3xdeposit application - but none of these cases have set a legal precedent as they are not heard in a high enough court....

as long as you understand there are 4 possible outcomes.. you could


lose
lose and have to pay some of the LA costs
win and get the money
win and dont get the money

and the letting agent who is defending your claim will have the benefit of legal advice and will no doubt have better knowledge than you.....

just keep this in perspective ....