Landlord has not returned deposit

abby1234519

RAS wrote: »

You ask for costs to be awarded agaisnt the LL.

Carry on.

Are you sure? I just really worry that it would backfire. I don't know why I am nervous

[Deleted User]

If she reacted to the court papers with returning half of the deposit it demonstrates she either doesn't want the hassle of going to court or knows she's in the wrong and would lose. Send her another email saying thanks for returning the first half and then go to explain that you're continuing with the court action if she doesn't return the other half and remind her that the losing party is responsible for costs.

Either she'll return the other half (woo!) or she'll call your bluff and say see you in court, at which point you can re-evaluate whether or not you do want to continue.

abby1234519

I think the £300 was returned in response to the email and not to the court documents. The reason I say this is that the documents were deemed as being served on 15th July and she didn't respond to them and then I asked for a judgement which was entered on 30th. So she has a CCJ for £360 (remaining half and £60 fees).

Now she has a mortgage on the house (I checked) etc etc so I can't see why she wouldn't have challenged this and sent the documents back? Thus I think she DID move house. I did ask her for her address and I did sent her letters to the rental address. So I don't know what to do now.

Should I ask the court to send a copy of the judgement to the rental address? Or should I ask for a copy so I can email her a copy?

Guest101

abby1234519 wrote: »

I think the £300 was returned in response to the email and not to the court documents. The reason I say this is that the documents were deemed as being served on 15th July and she didn't respond to them and then I asked for a judgement which was entered on 30th. So she has a CCJ for £360 (remaining half and £60 fees).

Now she has a mortgage on the house (I checked) etc etc so I can't see why she wouldn't have challenged this and sent the documents back? Thus I think she DID move house. I did ask her for her address and I did sent her letters to the rental address. So I don't know what to do now.

Should I ask the court to send a copy of the judgement to the rental address? Or should I ask for a copy so I can email her a copy?

what time period did they give her to pay up?

once that has lapsed you could ask the court to issue bailiffs to collect the money, which would cost her even more

tim123456789

abby1234519 wrote: »

I think the £300 was returned in response to the email and not to the court documents. The reason I say this is that the documents were deemed as being served on 15th July and she didn't respond to them and then I asked for a judgement which was entered on 30th. So she has a CCJ for £360 (remaining half and £60 fees).

Not yes she doesn't

she has (IIRC) 14 days to pay before it because "registered"

(well semantically she does, but she doesn't yet have what everybody means when they say that someone has a CCJ)

tim

tim123456789

Guest101 wrote: »

what time period did they give her to pay up?

You only get extended "time to pay" if you turn up and ask for it, which she didn't.

So she will just get the normal period allowed for someone to administer the payment.

Which further to my previous post, I've now looked up and is actually one month (silly me for not doing it before)

abby1234519

Oh I know its 1 month, I did mean really that she would DEFINITELY have a CCJ unless she paid. I didn't word it very well.

My point though is that I don;t think shes seen any paperwork....I don't think she would ignore it. But if she moved house and refused to tell me the address well tough love yes? Should I ask the court to send a copy of the judgement to my old rental address. I do have her email still

abby1234519

Any idea what to do?

Guest101

Wait until the month is out, then ask the court to enforce the judgment. Bailiffs can then go and take her property, etc etc.

Contact her via email, if you wan to make arrangements to receive the money.

In other words, say that the judgment is awaiting payment and ask how she wants this to be paid.

abby1234519

Does it matter that she's obviously moved house. I'd be sending the bailiffs to the wrong house!