Taking ME to court? please help!

spacey2012

Did you read the "request" bit ?
What I referring to is the Landlord is harassing for the deposit, the OP in fear is saying "just take it all"
The landlord has smelt weakness and is now trying to sue the OP for a few more quid as well.
The OP should request the return of the bond as you mentioned it will then be investigated as opposed to dished up.
Landlords are notorious for dishing up fake claims compete with fake pictures.
Why make it easy, they want to start trouble, make it hard on them.

madbadrob

ValHaller wrote: »

This needs proper legal advice - I suggest applying to have the case struck out on the grounds that it should be against the estate of the late .... rather than against the administrator personally.

This moves any possible ccj one step further from home. You still need to prepare a defence in case applying to have the case struck out is not upheld or to address the case when it is brought against the administrators.

I couldn't agree more with this. As I said earlier in this thread I cannot see any court order going against the OP but a solicitor or CAB would be the next step I took. In fact the CAB would be better as they can attend the court and act as your lay representative.

I would also contact the court and ask if they have received your request for extra time to prepare a defence and if so has a new court date been set or whether you will have to attend to ask for it to be adjourned

Rob

madbadrob

spacey2012 wrote: »

Did you read the "request" bit ?
What I referring to is the Landlord is harassing for the deposit, the OP in fear is saying "just take it all"
The landlord has smelt weakness and is now trying to sue the OP for a few more quid as well.
The OP should request the return of the bond as you mentioned it will then be investigated as opposed to dished up.
Landlords are notorious for dishing up fake claims compete with fake pictures.
Why make it easy, they want to start trouble, make it hard on them.

I did read your post I was just making the point that it wouldn't just be returned.

Rob

sootica1976

Thanks again everyone
My next step is the CAB, I really don't see what case she has against me, after all the deposit protection service can prove that I did respond to her request by sending in the death certificate as requested back in December , and I wasn't ignoring her, that IS the reason she is taking me to court after all, as she said i ignored her requests, and when we look at all the other reasons like she sent no warning letter by recorded delivery, that there is no money left of my Mum's, and of course it isn't my debt- well.. surely she hasn't a leg to stand on?.

Will keep you guys updated. thanks again!

dzug1

madbadrob wrote: »

Yes my post was not clear enough. As the OP is the only entitled heir the estate is for her and her alone so she can dispose of the estate as she so wishes or as I said how she thought her mother would want to see the estate disposed of.

But the estate she is entitled to dispose of is what's left AFTER any debts have been paid. Or if there wasn't enough money to pay the debts they have to be paid in proportion.

Her personal liability ends there - she is not responsible for any excess. But if the landlord was entitled to and didn't get a proportion of the excess then he has a case - up to his proportion, not the whole lot. And other debts may have been overpaid. The chances of getting this back are slim.

demented_weasel

Also make sure the case gets transferred to your local court - make it difficult for her!

sootica1976

demented_weasel wrote: »

Also make sure the case gets transferred to your local court - make it difficult for her!

I have done that also!
I am hoping that the court also think "Why the hell has she put a claim in when the defendant doesn't even HAVE the bond, it is safe with the deposit protection service!"

Newly_retired

Sorry but these days not many CAB will have the resources to accompany you to court, let alone represent you.

dancingfairy

Not sure anybody actually suggested they would accompany her to court or represent her? but may actually be able to give her a basic legal position or refer her to a local law centre that could help?
I would first go for trying to get the claim struck out on the basis that it is the wrong person - ie she should be going after the estate rather than you personally (check this with cab/local legal aid centre).
Second line of defence if the court rules she can sue you/legal centre says she can is to work out how much damage was actually caused and go from there. What proof have you got of the state of the flat at the begining and end of the tenancy? was there an independent inventory done? Is there actually any damage or would it be fair wear and tear? lack of maintenace? If for example she is claiming for the cost of a new carpet she can't-she can only claim for any useful live that has been deprived of her, for example if a carpet is meant to last say 15 years and it had been there for 13 and your mum had done something awful to damage it then the most she could claim for is 2 years worth of a carpet (not a while new carpet).
You might also want to say that actually 400 pounds worth of damages weren't caused but that you felt under pressure and you were grieving.
Hopefully it will get thrown out at the first opportunity but that doesn't stop her trying it on.
Best of Luck
df

madbadrob

dancingfairy wrote: »

Not sure anybody actually suggested they would accompany her to court or represent her?

I did say that CAB may accompany her to court not that they would. I know they recently attended a DSS tribunal with a friend and won the case for them so I thought they may well do this in this case as well.

Rob