Herilsamika
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A debt that has already been adjudicated cannot be retried. The old amount claimed was approx £3700 and you paid off £1500 of that amount. You need to ascertain what the £4500 debt is for - could it be the new management fee of £1900 plus the balance of the old debt approx £1200? I would write to the court that judgement was made already and give the case number.
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UPDATE: I went to court and the PCOL case was dismissed by the judge as the LL was not named as the claimant. The judge told the claimant that if they want to sue for any money, then they should file a small claims case.
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Harrassment by checkout agency
Herilsamika replied to azman74's topic in Residential and Commercial lettings/Freehold issues
I rented a large two bedroom flat that took three hours for the checkout agent to do his report. He was very thorough and opened every cupboard and drawer and made note of everything! Every crack, every scratch, everything! I would say that if your agent was as diligent as the agent who came to check me out, then I can conceivably see a four bedroom property taking five hours. -
I'm gearing up to sue my landlord for my deposit return and a few other issues and I've been advised to put the amount on the form of three times plus the deposit plus the other issues. Hope the judge doesn't separate the claim.
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Just an update for anyone who is still interested in following my saga! Today was D-day for court as my landlord served a Section 8 under the usual grounds for the rent. The case was adjourned as the judge had not received my defense. I have been given seven days to resubmit my defense and then the landlord has a further fourteen days for replying to my defense. What surprised me most though was that the duty solicitor in the court asked me for the deposit certificate! When I told him that my deposit was not protected, he practically started dancing and said he would request the judge offset the arrears by using the amount of the award for non-protection. Obviously that wasn't a strategy for me as I do not have any arrears. It seems as if now non-protection of deposit can be used to defend a Section 8 hearing!? Any experience of this anyone?
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Hi The Carpet Cleaners, I don't believe that is correct, as when you issue the moneyclaim you have to insert an amount, so the usual advice given is to claim for the initial deposit plus three times eg. if your deposit is £1000, then you issue a claim for £4000, then it is up to the judge to amend or grant your award plus costs.
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Hi Caggers! Me again! Ok, so my saga continues with my rental situation and now I have the court papers from PCOL. I find it odd that the person named on the court forms is not my actual landlord as named in my AST. The last name is the same and after some googling tonight, it appears that the person named on the court claim is a relative of the landlady. Is this even legal? Can a relative sue me for possession if they are not the named landlord?
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I have received an email from Wonga today titled, "WE ARE SORRY" and goes on to say that my account was affected by internal debt collection issues and there were system errors. Apparently, they have been sending out phoney law firm letters. I will wait with bated breath to see what my letter says when it is receive with news of any "historical payment issues"! This applies to persons who dealt with them between 2008 and 2010!
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Hi Mariner, My thread relates to the landlord who is holding onto thousands of my money as he has been overpaid from my allowances. This is the landlord who has not protected my deposit. This is the landlord who does not fix anything but is happy for my company to pick up the bill for repairs. I can NEVER be in rental arrears. I have no fear of an S21 as it is already my intention to depart on the last day of this fixed tenancy.
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Thanks ashmk and ericsbrother! I've had to do this! The landlord refused to give assurances that he would not enter without permission. That tells me he is up to no good! I've also deducted the cost of changing the locks from the rent and told him to sue me if he doesn't like it, but as far as I am concerned, his entering my place of residence has caused me to feel unsafe and I've had to secure the premises. And if he sues, he can explain to the judge why he thinks it okay to enter this flat without consent.
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Exactly! He is a professional landlord too with a large portfolio of flats. He knows I'm often not at home as I do travel for my job, so he may have been entering all along. Only now that things are bad between us, he wants to cover his tracks by leaving a written notice on the kitchen table!
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Thanks Rebel11 - I certainly will do! I'm so incensed that someone would actually think it is acceptable to do an inspection on Easter Sunday!!!
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Hi there - no timetable for inspections in the tenancy agreement and we are not at an end or near to the end of the tenancy. He isn't selling the property either. This entry is purely the landlord being stink and awful about the fact that he has stolen my overpayments (see my other thread!). He is now trying to make my life hell!!
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Thanks Rebel11 - I will certainly send off a harsh missive first thing tomorrow morning to make my feelings clear on this matter.
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Thanks for the link Rebel11. The point being that I was away for the hols and could not have responded whether they slipped it under the door, left it on the kitchen table or taped it to the window! They should not have entered without waiting for my consent. I find it a gross intrusion of privacy and frankly, quite disgusting to know that he has been in my home without my knowledge or consent.
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