sister in landlord deposit dispute

danlightbulb

Hi all,

I'd like to update everyone on the situation as it now stands.

We started a small claims process against the landlady. She never submitted a defence so we started judgement by default asking for payment immediately.

No payment after 8 days. My sister phoned her and she denied recieving any documents from the courts! However she was inconsistant in her chatter on the phone so we think she is lying. She is still refusing to pay. She is going to consult her solicitor so my sister gave her 7 more days.

Does the judgement by default mean we have now won the case? Can she still defend?

What is the best option to get the money. According the the courts we can either send in baliffs, freeze accounts, embed owed money in sale of assets or appy to make her bankrupt. I don't know the respective costs of these options or which will get us the money.

We have tried to explain to the woman that she has now lost the case and she has to pay us but she doesn't believe us!


I'm of the opinion that sending baliffs will be the most effective, because its high impact (sudden arrival of agressive baliffs at doorstep) and quick.

Any opinions welcome!

olly300

You have won the case because she didn't defend it.

Claiming not to receive court letters is the oldest trick in the book and no court in the UK will take notice of that unless you can prove it i.e. where in hospital, held under HMP, moved house.

After all she received your other letters before court action as they were not returned to your sister.

She can try to appeal but appealing on not receiving letters won't work. She has to think of something else.

She hasn't been nice to you so don't be nice to her any more. Go back to court asap and enforce the judgement and get the bailiffs on to her.
http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm

danlightbulb

Thanks Olly

So you think baliffs are the right choice then as opposed to the other 3 options?

peter999

danlightbulb wrote: »

So you think baliffs are the right choice then as opposed to the other 3 options?

Lovely jubbly !! :T

peter999

BobProperty

danlightbulb wrote: »

Thanks Olly

So you think baliffs are the right choice then as opposed to the other 3 options?

Don't know about the right choice because it will depend on her circumstances, employment situation etc. Fun choice yes. :eek:

thesaint

The courts will tend to give the benefit of the doubt to people who claim that they never received the papers, they won't waste time investigating, but simply hear the case again if she chooses to defend herself.

You never answered my earlier question about whether your sisters new tenancy agreement(Or old) states any payment of a deposit.

olly300

BobProperty wrote: »

Don't know about the right choice because it will depend on her circumstances, employment situation etc. Fun choice yes. :eek:

I think she will pay up everything after a visit from the bailiffs. :eek:

danlightbulb

thesaint wrote: »

You never answered my earlier question about whether your sisters new tenancy agreement(Or old) states any payment of a deposit.

The original contract stated that a deposit had been paid.

The renewal did not. However my sister asked (verbally unfortunately) about the original deposit at this time and was informed by landlady that it would be ok.

bobproperty wrote:

Don't know about the right choice because it will depend on her circumstances, employment situation etc. Fun choice yes.

The goal of this whole thing is for my sister to get her money back. I don't care about discrediting her, getting her CCJ etc. If she had just paid up then all this wouldn't be necessary. I'm a bit worried cos my sister has forked out extra £80 for starting the claim, now an extra £55 for sending in the bailiffs and i'm worried that she still won't get justice and recieve her money.

olly300 wrote:

I think she will pay up everything after a visit from the bailiffs.

I really do hope so. This has gone on long enough.

Thanks everyone.