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Small claims
spriteautn
Posts: 14 Forumite
Need some advice.
I recently submitted a small claims form to my previous landlord because they are withholding my deposit.
However they submitted a counterclaim with lies which I can highlight through previous email communications to be lies.
The counterclaim letter states.
defendant has 10 days to pay the requested fee or counterclaim will be removed and proceed as defended only
should the counterclaim be paid then it will proceed to local court only
if no fee is received and counterclaim struck out, then defence or part admission will be filled as per defendants original response and notices/directions questionnaire will be issued
the claimant has 19 days to file the questionnaire or respond to the notice of part admission
If i can disprove the lies of the other party. whats the best course of action ?, do i send my evidence to the court or do i wait for their claim to struck out ?
I recently submitted a small claims form to my previous landlord because they are withholding my deposit.
However they submitted a counterclaim with lies which I can highlight through previous email communications to be lies.
The counterclaim letter states.
defendant has 10 days to pay the requested fee or counterclaim will be removed and proceed as defended only
should the counterclaim be paid then it will proceed to local court only
if no fee is received and counterclaim struck out, then defence or part admission will be filled as per defendants original response and notices/directions questionnaire will be issued
the claimant has 19 days to file the questionnaire or respond to the notice of part admission
If i can disprove the lies of the other party. whats the best course of action ?, do i send my evidence to the court or do i wait for their claim to struck out ?
0
Comments
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Daft question, but isn't your deposit protected via one of the deposit schemes?
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
No , they didn't protect the deposit. which is why I submitted small claims to get it back.0
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If there is a counterclaim then you have to defend it.0
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Your own claim is for the original deposit plus a penalty/damages (2-3x the deposit), as you are legally entitled to do?0
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How do I defend. Do I need to send something back in response within the 10 days ? or do I wait for it to time out.
if so any guidance what I need to send0 -
You could do worse than start here:
https://forums.moneysavingexpert.com/discussion/4564977/small-claims-court-guide0
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