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Tenant compensation for unsecuring deposit
Comments
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then perhaps wisest not to give advice if you do not know what you are talking about?babyblade41 wrote: »Haven't got a Scooby what that means ??0 -
babyblade41 wrote: »Haven't got a Scooby what that means ??
Essentially when action is started in the county court, it must be started in the right way.
So depends on if its a money claim, injunction or some other relief. So the nature of the claim determinations how the claim is started.0 -
To put it in layman's terms - BrownTrout is saying that, to claim compensation for a deposit, it is necessary to fill in the "Part 8" form here -
https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8
NOT by filling in moneyclaimonline, which is a "Part 7" form.
A key difference is that the fee for a Part 8 form is much higher - £308.0 -
Oh I see.. still haven't got a clue as I've never not protected a deposit but you learn something every day0
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just checked on my link and it tells you to fill in part 8 so not sure what the problem is ???0
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It is absolutely possible to DIY the Part 8 procedure, but there are a few problems:
1) More faff - you have to file a paper form with court
2) Higher fees - £308 issue fee compared with £40 quid or so for MCOL
3) More risk - not small claims track so risk of being ordered to pay the landlord's legal costs if he successfully contests the case for any reason (though I would have thought deposit cases are straightforward to be honest ... either the deposit was protected or it wasn't)0 -
but if you use MCOL (part 7) the court might throw out the claim.
That's because you are not claiming 'compensation'. It is a penalty, not compensation - hence the part 8 process.
Shelter makes the process very clear in the link provided above.0
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