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Herilsamika

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Everything posted by Herilsamika

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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?
  6. 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.
  7. 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?
  8. 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!
  9. 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.
  10. 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.
  11. 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!
  12. 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!!!
  13. 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!!
  14. Thanks Rebel11 - I will certainly send off a harsh missive first thing tomorrow morning to make my feelings clear on this matter.
  15. 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.
  16. So, I've been away for the Easter Hols, from Monday of last week to just now returning to the flat. First thing first, I open up the door and there is an envelope on the kitchen table from the landlord, dated 16 April. The note states that an inspection would be made on Sunday 20 April. Who does an inspection on Easter Sunday? The only obvious signs that someone has been in the flat is that the fact that the note is on the kitchen counter and the lights inside have been left on! Correct me if I am wrong, but does a landlord have the right to enter a flat without consent? I've read loads on the internet but there is no general agreement on this matter. Should the landlord not have waited until they received my permission? Thoughts please, especially from you legal minds out there! Thanks in advance.
  17. Well, I've sent off the statement of account as you suggested and LL has not replied to that at all - no acknowledgement I've also formally asked for proof of deposit protection in the cover letter with the rental statements. I now have letters from all four deposit protection schemes to let me know that my deposit has never been with them, nor is it with them now! The LL has not responded to my request for deposit info or acknowledged the statement. The LL does not know that I have the written confirmation from the schemes. Instead, LL has sent another SMS message to say that they will approach my employers for the alleged rental arrears! They do not respond to legal letters either, as I've instructed a solicitor to write to them about my overpayments. Three times I've wrote to them and solicitor has written once. Is this now a case of just let them write to employers and present that to the court as evidence of harassment?
  18. This is the exact opposite of the legal advice that a solicitor has given me today. The solicitor explicitly said that if there is an overpayment of rent for one address, it does not matter if it arose under a previous or new rental agreement. If the tenant and the landlord remain the same parties, and the address remains the same, then the the two agreements can be merged into one if there is money issue. Therefore, any money paid to the landlord from now on must be deducted from any future money owing for rent! The solicitor has advised me to force the landlord to pursue me if they think that money is owed! In the meantime, I can indeed withold rent in the future, as all I would be doing is increasing the landlord's account and I would then have to chase and sue the landlord for my overpayments.
  19. Mariner is right! I've been waiting to see what happens to a mate of mine that is suing for her deposit back. Her claim has NOT been allocated to the multi or fast track! Perhaps it may depend on the deposit amount, as her amount of deposit is £250. I personally know four different people, other than my mate, who are in the process of filing against landlords who have not protected deposits. I have checked with all of them today and we have all received the same advice that any LL who had a deposit in their possession during May 2012 should have protected it in 2012 (Localism Act). Thereafter, each new signed AST must be fully protected. If the deposit was already protected before signing, the LL must provide the PI to be legally safe!
  20. The only problem is that my LL is not logical. I have sent my corrected rental statements repeatedly showing a credit balance, yet the LL insists that any overpayments are regarded as an increase in rent!! The LL seemed clueless when I insisted on my PI and instead just repeatedly insisted that as I was paying more money in rent, I owe the rest of my allowances!! I'd like to just get my S8 or S21, countercliam for my non-protection of the deposits (each failure to protect), sue him for the overpayment and then leave this crazy house! Plenty of houses out there to rent, despite what the newspapers keep telling people - I've seen three houses this weekend all in the same rental price range and with gardens to boot!
  21. Hi Lea_HTH, I did some quick googling and came up with this recent thread about suing for deposits - a poster insists that you can use MCOL. http://www.landlordzone.co.uk/forums/showthread.php?61095-Superstrike-deposit-protection-rules-clarity
  22. Hi Lea_HTH - there is no dispute with LL over the deposit paid - both tenancy agreements state the deposit amount and the deposit was paid with a bank cheque for the exact amount stated. LL issued a receipt as well for the deposit in 2006. With the new 12 month AST in 2013, LL specifically makes mention of the deposit amount, stating that the amount previously held would continue to be held as a deposit on the new AST. However, what LL has failed to do to date, is give me any details of where deposit is and send me the PI! I have checked the websites of the schemes and all comeback with "no deposit held" - I've also written to all schemes just to confirm that they don't have my deposit.
  23. Thanks Lea_HTH - I've done the table already and had this sent off to LL as part of the LBA. I'm just giving them 14 days as per legal advice to respond. With regard to claiming for deposit non-protection, the good news is that I don't have to outlay any money - I've already been advised that I can raise the non-protection as a counterclaim when the LL serves the S21 or S8. I have legal advice that I would be in a strong positon to claim for a full penalty(x3), as the LL failed to protect the deposit in 2012 and has since failed to protect the deposit for the new AST created in December.
  24. Didn't ignore it - I wasn't sure if I was in a new tenancy!!! I had to check paperwork to be sure - I received the AST in September 2013 while out of the country, the new AST was to take effect from December 2013. I signed it in front of a friend while out of the country and posted it back to the LL from abroad. In my earlier post, I was operating under the assumption that I was still in a SPT, as I didn't remember if I had received acknowledgment from the LL (I checked and no paperwork from LL to acknowledge receipt of new AST) However, the CAB says that doesn't matter if I have an acknowledgement or not from the LL that they received the new AST as I paid the new rent amount in December 2013, so an AST was created regardless of non-acknowledgement from the LL. Sorry Lea_HTH - see above - I've answered your question - the tenancy went SPT after April 2007. The schemes advise that the deposit held from 2006 should have been protected in 2012.
  25. Thanks raydetinu, but it is now past that point! The LL refuses to negotiate, won't return money or give me credit for it and is actually trying to extort more money from me, as LL claims I'm in arrears!
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