legal proceedings for deposit back

kanari

ras wrote: »

may_fair is right; there was a court case earlier this year which effectively removed the three times penalty.

You can only reclaim the deposit.

You will lose and probably have to pay the lls fees.

omg :(:(

kanari

yes I am on benefits but the other claimant is not ( we are two claimants)

anyway both of them old LL and the agent keep ignoring us and do not respond to the claim

we cannot just give up and leave our money its 1450£ !!! and one of them have it

kanari

kanari wrote: »

I am really so confused , I feel like I did it all wrong !!! should I continue on it and send the request for judgment and see what will happen , or amend the claim ?

I have this week end to think about it and decide what to do on monday : send the request for judgment or go to the court and ask if I can amend the claim ( because they dont answer the phone )

I really need more advices from experts to confirm what may-fair said to me about the agent and the 3x penality

I need more advices plz

may_fair

kanari wrote: »

yes the quoting is from here http://brunelstudents.com/files/minisites/4375/Deposit_Recovery_Pack%5B1%5D.pdf

As I said, not relevant to a claim for return of deposit only.

kanari wrote: »

I really need more advices from experts to confirm what may-fair said to me about the agent and the 3x penality

I gave you a link in post #54 which explains the judgment and has a link to the judgment, and I quoted from the judgment where it says you can't claim for the 3x penalty. I don't know what further confirmation you need to convince you?

may_fair

kanari wrote: »

I need more advices plz

Option 1: Continue with the current claim, unamended. You will lose the claim and you may be ordered to pay the defendants' costs.

Option 2: Amend the claim to a claim for return of deposit only, against old LL and new LL.

Option 3: Discontinue the claim and start again.

may_fair

As RAS says, you can find out the new LL's details on the Land Registry online, for £4.

http://www.landregistry.gov.uk/
(click on the tab at the top which says 'Find a property').

kanari

thank you may-fair

I think I give up I cant start again its too much stress and work for me and I am sick I have epilepsy , even if I amend the claim I have to amend the agent to the owners which means I have to get the names and address and send letters before action , because all the calls emails letters within this 7 months was with the agent not the owners

one last thing or hope : if I fill the request of judgment and put only the deposit amount and not the deposit + 3x penality will be ok ?

thank you for all the help and advices you gave me

debrag

the returned documents was that to the new or old LL? If the old one could they have moved or just the address on the agreement still stand?

kanari

the one returned was to the old LL

kanari

Hi,
here is the update

- the claim is now stopped and withdrwan , all I did is sent a request letter to the the court office by fax and by mail

- I managed to get the new LLS names and address and sent to them a letter before action , and today I recieved a letter from their solicitor saying that they dont have the deposit !!! and copy of the tenancy agreement on the name of the old LL

- before the claim was withdrawn I recieved a notification that the old LL has complited the defence form with a letter explaining that she dont have the deposit !!! and copy of the first page of the sale agreement


So now I will start a new claim against both the new LLS and the old LL , and claim only the deposit amount + interest
What do you think about all of this ? any advices will be much appreciated