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legal proceedings for deposit back

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Comments

  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Personally its a long time since I claimed a deposit back but what I wrote was a lot simpler.

    I'd certainly remove this bit - And the Claimants asks that the court make an order:

    1. That the person who appears to the court to be holding the deposit do repay it to the Claimants, in accordance with section 214(3) of the Housing Act 2004.


    and this:
    if the defendant 1 appears to the court to be the holder of the deposit.


    The Claimants are therefore seeking payment of £1450 , plus the court fees and interest if the defendant 2 appears to the court to be the holder of the deposit.

    and this
    The Claimant encloses copies of:

    - the Assured Shorthold Tenancy Agreement signed on ... relating to the above named premises


    - the receipt for the deposit

    - the Letter Before Action sent to the defendants , The Claimants additionally requested the return of the deposit on numerous other occasions by telephone since the end of the tenancy, with no repayment forthcoming

    - the checkout report confirming that the tenants have left the flat in good conditions

    - the Notes for the Defendants


    I think this is way too messy and would confuse most people. Keep it simple. State what you ae owed, why you are owed it and by whom.

    Then the standard interest wording.
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    thank you rabbitmad for the advice I will remove what you said I think u are right .

    can u plz help me composing a sentense for : State that you entered into a contract to rent xyz address from Old LL
    State that old LL sold xyz to new LL
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    just to make sure about the interest is calculated this way : £1450 x 0.00022 to get the rate and then multiple it to the numbers of the days ?
  • kanari wrote: »
    this is what Im intending to put on the particulars of claim , I will add what rabbitmad said: State that you entered into a contract to rent xyz address from Old LL
    State that old LL sold xyz to new LL

    is it correct or should I remove/add something ?

    It appears to me that you need to state briefly that you entered into a contract with Landlord 1, but that Landlord 2 took over - and declare any notices you received about the change of Landlord.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 8 October 2011 at 5:48PM
    Hi,

    for update I submitted the claim last week , and today I recieved a jooooke , the court office sent me back the forms and documents and the reason is : no fee has been attached !!!

    I have paid the fee £80 and have the reciept , this is really a joke for me , how come the officer take the claim from me if I didnt pay the fee !!! and the first thing she asked for is the fee and how I will pay it before even checking the documents !!!

    this is a staff mistake not mine, now I have to go again to the court and show them the reciept that I have paid the fee , more stress and waste of time !!!
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi,
    for update I submitted the claim last week , and today I recieved a jooooke , the court office sent me back the forms and documents and the reason is : no fee has been attached !!!
    I have paid the fee £80 and have the reciept , this is really a joke for me , how come the officer take the claim from me if I didnt pay the fee !!! and the first thing she asked for is the fee and how I will pay it before even checking the documents !!!
    this is a staff mistake not mine, now I have to go again to the court and show them the reciept that I have paid the fee , more stress and waste of time !!!
  • I'm assuming that you paid the fee for your original claim which you the withdrew. In which case you need to pay a second fee for the new claim.
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    yes I have paid the fee for the new caim , this is the second fee I paid

    and as I said the first thing the officer asked for is the fee
  • kanari
    kanari Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    yes I have paid the fee for the new claim , this is the second fee I paid

    and as I said the first thing the officer asked for is the fee
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    edited 12 October 2011 at 9:51AM
    yes I have paid the fee for the new claim , this is the second fee I paid

    and as I said the first thing the officer asked for is the fee

    Why do you feel it is necessary to repeat your last post each day?

    Get down to the court and sort out this mistake - it should be simple.
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