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JohnW

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About JohnW

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  1. I have lodged the N208 Claim Form (CPR Part 8) with the County Court this afternoon with all the proofs etc. The cost was £150. Yes, it can be quite daunting filling out so much paperwork which has to be precise, but with the help and guidance of the forum members you will not go wrong. I received the help of Kentish Lass and DWP and am grateful to them both. I will PM you the previous cases as sent to me, together with a few extra I found.
  2. Cant find exactly how much the County Court fees are for submission of the N208 for tomorrow! The actual deposit was £1,300, so 3 x deposit plus original is £5,200 plus the statutory interest of £168. The tenant will be able to reclaim 100% back I reckon on Form EX160, but only when she has got her latest proof of benefits letter which should be any day now. Meanwhile, I will have to help out and write out a cheque, but not sure how much the HMCS need for this claim?
  3. Thank you again for sound advice. I understand what you mean by belt and braces approach then. But on the same token, is the S8 notice invalid as the possession address is wrong. Correct house number, street, town but incorrect postcode. They have actually written down the postcode of the landlord, so surely on a legal technicality the court would not allow the current S8 notice? I thought the form had to contain no ambiguity and be crystal clear?
  4. Apologies. I have checked and am I right in saying that the Section 8 is only applicable DURING THE FIRST 6 months of the AST? In other words during the period of the FIXED term, after which it has become a statutory periodic tenancy and therefore a Section 8 notice is not applicable?? The way I read it, is that his only recourse after the end of the FIXED term is by way of a Section 21 notice? Is this correct? Even if the Section 8 was issued within the fixed AST period, I read that the notice has to be written with no ambiguity and that the property which requires to be 'given up/posses
  5. Have just returned from visiting the lady who needs the advise. After all this, she then shows me a letter from the L/L solicitor which not only has the Section 21 notice AST 'Notice Requiring Possession' attached with date of expiry of 4 November 2009 (which as we have established is technically invalid due to non placement of the tenant secured deposit); BUT also attached is a Form 3 (Housing Act 1998 Section 8) 'Notice seeking possession of a property let on an AST' due to her 2 months arrears in rent. In the latter one it states that the landlord intends to seek possession on ground(s) 8,1
  6. Thank you ever so much for your guidance and the cases which I will add to the court papers. Good advice on contacting the local council also. Will keep you updated on this site and thanks again!
  7. Thank you very much for your swift replies as I plan to visit the tenant later on and try to update her and advise her. (I dont know how to cut and paste your quotes as you do above, so please bear with me). With regard to the 'rollover' of the AST, yes, that is precisely what occurred, so therefore is a STP which carries with it the same rights as the original AST then. Thankyou. With regard to the harassment and bullying tactics. She did in fact report direct to the local police the 'visit' for which she has got a crime reference number. I (on her behalf) sent her L/L a letter expl
  8. I am in process of filling out the N208 claim form and would be very grateful if you could possibly PM me with details of previous judgements/court cases as I would like to attach them for consideration by the court? Would that be possible please? Many thanks!
  9. Thank you very much for the swift and helpful response. I am fairly confident (as confident as one can be when dealing with the court!), that judgement will be found against the L/L as the deposit was taken on 4 February 2008 and there are letters/emails from all 3 of the schemes to indicate that no deposit has been lodged. He has also failed to respond to a letter requesting it's whereabouts which was sent to him just over 14 days ago. Just to clarify one point however, the 6 month tenancy AST began 4 Feb 2008 and was automatically renewed; I asssume that this is the 'periodic tenancy' that
  10. I have a predicament in that I am currently filling out the wording on the Form N208 Claim Form to submit to the Small Claims Court. However, the original deposit was £1,300 and obviously the 3 x deposit compensation PLUS the statutory 8% interest charges take the grand total of the claim to £5,364.12. Problem is that I believe small claims track will only allow up to £5,000? How do I work around this? Can I simply ask for just a grand total of £5,000 (i.e. cap it?) or is there another way to deal with this? Any advise would be vastly appreciated as I need to sort this asap as the Landlord may
  11. Basically, for month of November and December 08 my monthly performance reviews highlighted concerns by Management on my current performance figures. I was informed in the December review that unless it improved in January, then I would be facing a disciplinary hearing. Unfortunately, no tangible assistance or structured training programme was put in place by Management to aid me or to encourage me. Hence, at my latest review (5 February) I was informed that the informal review procedure had failed, I had shown no visible signs of improvement and therefore the company wished to begin formal di
  12. Thank you all for your advise and comments. I am still awaiting any final decision on the deduction, i.e. all of part of it to be paid by myself. Big excesses are normal in the environment you work in, £10,000 is quite a common one. There are insurers who offer insurance policies for this type of excess, they work like the CDW's you get offered when you hire a car. A year ago I phoned many of the large insurance companies because I was aware that accidents can happen and was concerned about this. But I was informed that no policy existed (similar to CDW) as we change our cars ever
  13. Apologies if not the appropriate forum, but perhaps quite an unusual query. Basically, have worked for a prestigious car dealership for last 3 years and have enjoyed the benefits of a company car (for which I obviously pay company car tax!!) As a salesperson using a dealership company car, it is naturally insured by the dealership fully comprehensively. Due to an increase in accidents and claims during 2007-8, the insurance company have increased their excess to a whopping £10,000 (so I am informed?) The net result is that any damage caused by whatever means (i.e. vandalism (whilst sleeping
  14. Hi to Castlebest and everyone. I received the exact same letter from the Office of the Chief Executive today! I have posted it in the Citi thread as suggested in case anyone wishes to read it in it's entirety.
  15. Thanks to you all for advice. As regards the 'contractual interest' I have already sent them a spreadsheet with this on the LBA and also stated it in the court application MCOL, so I guess it is too late to simply 'drop it' or 'avoid the mentioning of contractual interest' again?? So maybe I am stuffed?? Citicards (or rather Eversheds) actually state in their defence letter that 'the Defendant will make an ex gratia refund to the Claimant of £xxx which is the difference between (i) the current default fee of £12 and (ii) the amount at which default fees claimed were charged to the Claimant.
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