legal proceedings for deposit back

dancingfairy

I believe you can do it online via moneyclaim online. It would be a small claims proceeding basically.
I'd be very surprised if you didn't go to the courts website - her majesty's court service website if they didn't have instruction on how to issue a claim. You could also try getting help from National Debtline - their website has lots of useful advice on there and I'd be surprised if there wasn't general advice about how to bring a claim against someone.
You would issue it online and if the other parties contest it they would apply to get it moved to a phsyical court (as opposed to being online).
I'm not sure what you want to claim for? just the deposit and costs I guess?
Have you managed to get the property details off the land registry to find out who your new landlord is? You'd need to find their details out in order to issue a claim against them I would have thought although it sounds like yo uare going for a joint claim against both the landlords?
I hope that gets you started ., hopefully the experts will be around later.
df

agrinnall

Kanari, am I right in thinking that English is not your first language? If so is that why you're having a problem working out what form to fill in?

I would suggest if that is the case that you contact your local Citizens Advice Bureau and make an appointment to see their housing expert (hopefully they will have one) who should be able to give you some advice on how to proceed. It would probably be a good idea to print this thread and take it along so that they can advise whether the suggestions give, especially by G_M, are the right way for you to proceed.

kanari

thank you for your advices

I know how to proceed but my problem is I need to know this :


- based on my case what are the wording I have to whrite on the form ? I dont know what I have to write

- which evidence I have to submit with the form ?

I hope experts could help me on this soon

and yes I am going for a joint claim against both the old LL and the agent

kanari

any help from expert plz on what to write in the form

kanari

is that the right form I have to fill ? form N1

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

G_M

I believe that is the correct form.

I am reluctant to advise on wording - and as English does not appear to be your first language I would strongly advise you to get professional help:

* See someone at your local Citizens Advice Bureau
* see if there is a local Neighbourhood law centre eg here
* go into your local county court - the officials are helpful with forms (though will not give legal advice)

kanari

thank you so much G-M for your reply

I have tried to call the law center but they told me that they dont do appointement anymore and gave some advices over the phone .

the thing is I dont need advices of how to proceed or what to do I know all of this from your replies on this forum and google search , what I need is the wording I have to fill in particulars of claim section in my case

I managed to do this wording , can you plz tell me if it is correct :

In accordance with section 3 of the Landlord and Tenant Act 1985 co-defendants shall be jointly and severally liable to the tenants as both failed to serve a writing notice of landlord changeover to the tenants.


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.

2. That if the Defendant ( new LL name ) appears to be holding the deposit do pay to the Claimants, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004 , as the deposit was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004

3. The Claimants claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 13 january 2011 to 7 July 2011 of ... and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.41.

The Claimant is therefore seeking payment of .... , plus the court fees and interest.

The Claimants encloses copies of:
o the Assured Shorthold Tenancy Agreement signed on 06/08/2010 relating to the above named premises;
o the receipt for the deposit;
o confirmations from Government-approved tenancy deposit protection schemes that they did not hold the deposit for the above named premises
o letters and emails sent to the Defendant requesting information about, and return of, the deposit. The Claimant additionally requested the return of the deposit on numerous other occasions by telephone since the end of the tenancy, with no repayment forthcoming
o the Letter Before Action sent
o the Notes for the Defendant.

kanari

any advice plz

G_M

kanari wrote: »

thank you so much G-M for your reply

I have tried to call the law center but they told me that they dont do appointement anymore and gave some advices over the phone .

the thing is I dont need advices of how to proceed or what to do I know all of this from your replies on this forum and google search , what I need is the wording I have to fill in particulars of claim section in my case

I managed to do this wording , can you plz tell me if it is correct :

In accordance with section 3 of the Landlord and Tenant Act 1985 co-defendants shall be jointly and severally liable to the tenants as both failed to serve a writing notice of landlord changeover to the tenants.


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.

2. That if the Defendant ( new LL name ) appears to be holding the deposit do pay to the Claimants, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004 , as the deposit was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004

3. The Claimants claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 13 january 2011 to 7 July 2011 of ... and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.41.

The Claimant is therefore seeking payment of .... , plus the court fees and interest.

The Claimants encloses copies of:
o the Assured Shorthold Tenancy Agreement signed on 06/08/2010 relating to the above named premises;
o the receipt for the deposit;
o confirmations from Government-approved tenancy deposit protection schemes that they did not hold the deposit for the above named premises
o letters and emails dated x/x/2011, x/x/2011, etc (list them all)sent to the Defendant requesting information about, and return of, the deposit. The Claimant additionally requested the return of the deposit on numerous other occasions by telephone since the end of the tenancy, with no repayment forthcoming
o the Letter Before Action sent
o the Notes for the Defendant.

That looks fine.
I am not a lawyer and the comment above should be treated with caution. I still advise you go to CAB or a law centre.

kanari

thank you so much for all the help and advices

the claim was submitted today in the central london county court , I have paid £80 and given a reciept of that , they took 4 copies one for the claimants and one for the court and two for the defendants.
I will keep you updated on anything happening next