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Go Back   The Consumer Forums > The Consumer Forums
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> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 28th July 2008, 21:55   #1 (permalink)
deanp27
Basic Account Customer
 
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Join Date: May 2008
Posts: 4
deanp27 Novitiate
Default Court Problems

Anyone able to help with this would be much appreciated.

We are taking our ex-landlord to court for withholding part of our deposit. The judge called us for a preliminary hearng and gave both of us directions. The judge instructed the landlord that in 21 days he should file to court and sent a copy to us a schedule of all damages he claims and supporting documentation (quotes or invoices).

Not sure if this is a standard sort of direction for these cases but we have complained to the court on our claim that he hasn't given us proper evidence of what he was deducting (No quotes, no breakdown of where the costs came from, nothing basically).

Its been one and a half months and we still haven't received anything from the landlord.

We sent a letter to the court just saying we haven't received anything and we want to refer this back to the court but haven't heart anything from the court either.

Does anyone know anything more on this? How flexible are the judges with directions? We had directions as well and we followed them (even though we were on holidays and out of the country).

The case is not due yet (due to court being very busy) but the judge also gave directions regarding the case. That 14 days before the hearing we need to sent evidences, statements etc. The first direction was seperate from the directions we need to follow before the court day.

I hope this makes sence.

Thanks
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Old 30th July 2008, 09:22   #2 (permalink)
old_andrew2007
Platinum Account Customer
Default Re: Court Problems

HI
I'm just replying to BUMP your thread
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Old 31st July 2008, 11:46   #3 (permalink)
phat256
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Default Re: Court Problems

hi dean iam not legally technically minded but i had issue with my ex LL same as you my LL took us to court , she provided no documentation whatsoever . we did a cpr part 18 she refused, we ask for an order of direction she refused, then we ask for an application notice she then ask to the court to struck out our defence and counterclaim because she thinks she above any law and we have no leg to stand on.

.. i can tell you the judge wasn't amuse by our ex LL and strcuk out her claim str8 away for not disclosing any legal and contractual provision .....

if the judge gave you some direction to follow and the time limit is over then maybe try to ask the court to struck out his defence .



normally before any hearing each party should disclose all , statement etc... they intend to rely upon it is one of civil part procedure ( which one i can't remembered)

i say this it is my only opinion based on my own experience so i ask anyone with better advise to correct me i am wrong
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Old 31st July 2008, 18:09   #4 (permalink)
raydetinu
Gold Account Customer
Default Re: Court Problems

Speak to the court office to check when next hearing or review is to be held.
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