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Can_Do_Network

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About Can_Do_Network

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  1. That is exactly what we are doing, so yes, if the facts are clear and you are confident enough to have a go. Having a brief look at your case, it appears that you do have a case to go for non-compliance but if the LL has since placed your deposit in a scheme, you will find it hard to get a result. I would not have even thought about going to court without the support of the people here. Good luck!
  2. The day before the LBA deadline expires, the LL sends this in an e-mail: For the record, the utility bill she refers to is in dispute as British Gas screwed the bills up. We have informed all companies of our new address. I love the way she threatens us with the new LL finding out how terrible we are - they advised us to sue!!! I also like the guilt trip about giving us a reference and allowing us to leave two weeks before the 8 week notice period - she hadn't withheld the deposit at that time! I'm astonished at the passion in her e-mail - especially the accusation of blackmail! Anyway, I have only received two written confirmations that our deposit wasn't protected (3 verbal) - should I wait for the third to arrive before preparing the court documents or continue regardless?
  3. The latter is correct. If she gives us the £800 - we are happy. If not, we go to court. I think that the judge will see that we have tried to be fair that way. I have made a few more refinements to the LBA and am just about to send!! Will post any responses here...
  4. Thanks for your reply - good advice me thinks I have re-worded the LBA as follows: How does that one sound?
  5. My LBA: I would appreciate any thoughts on this before I send it to her. I am e-mailing this and sending hard copy along with the completed court papers.
  6. I have called all 3 services and none have any record. Send an e-mail requesting written confirmation. Should I send the LBA now, informing her that I have confirmation and that the written confirmations will accompany the court claim or wait until I have the confirmations and then send the LBA? Getting excited now!! UPDATE: Wow - Got an instant response from 'My Deposits' by e-mail - Negative of course Letter going to Bristol as they rejected my e-mail for some reason. enquiries@depositprotection.com is where I sent it. My e-mail address may be blocked on the system or something. Just waiting on the e-mail from TDS and we're ready to serve.
  7. Thank you for your advice - that's just what I needed to know I will advise progress in this post...
  8. Here's the situation: Our Landlord has refused to give our deposit back. She has provided a petty list of disputable charges and offered us £400. I refused. Upon researching further, it appears I have a good case for sueing for TDS non-compliance. I am about to send her a Letter Before Action (LBA) requesting the £800 within 14 days or we go to court and I claim that, plus 3x again. Here's the story so far: Our deposit was placed in a personal bank account. She has stated on e-mail that the money is in such an account. We originally signed an Assured Short-hold Tenancy (AST) in December 2006 for 6 months via a lettings agency. We paid 6 months in advance + £800 as deposit when we began the tenancy. We renewed in June 2007 for 1 year, LL photocopied the original agreement and changed the dates for the new tenancy. We were not told that they had stopped using the lettings agent. This was a cost saving excercise. Renewed again July 2008, resigning a new agreement for 1 year. There was a 2 month notice period agreed both ways and this was added to the agreement. In January 2009 we gave 6 weeks notice to leave the property (Feb 20th) and e-mailed the LL to request that this was OK and would bear no financial penalty and the LL agreed by e-mail. We handed the keys back and she said she would do the inventory the next day. We then got an e-mail detailing her reasons for not returning the deposit and got really petty over wear and tear and sent a list of charges (that I can justify if required) - she attached images from 2004 to show the condition of the house when we moved in - in December 2006! Anyway, that's another case - my claim here is for TDS Non-Compliance, she is welcome to make a separate claim if she wishes. Questions: 1. Should I use part 8 of the CPR and submit the N208 form when the LBA deadline date is up? The other method is N1 but all the threads I have read indicate that N208 is the way forward. 2. Do I need to produce the e-mails at the point of sending the N208 to the court as evidence with a 'statement of truth'? 3. Do I need written confirmation from the 3 TDS schemes that our deposit is not logged with them and does that also go with the N208? 4. Can the LL still place the deposit in a TDS (even though our tenancy ended Feb 09) and avoid the 3x penalty? 5. Should I send a copy of the completed N208 with the LBA or just advise that I have it completed and that it's ready to send? Thanks in advance for any help or advice offered!! CDN
  9. I am just about to take my LL to court over this. She has withheld £800 deposit for very petty items and failed to protect our deposit. We signed as follows: 20 Dec 2006 - 6 Months - £800 Deposit paid 20 June 2007 - 12 Months 20 June 2008 - 12 Months Having researched the Housing Act 2004 and speaking to the Deposit Protection Scheme with whom our new landlord has placed our deposit, I thought we were in a strong position to sue. As the law came into effect on 6th April 2006, it was my understanding that any new tenancy agreement should be subject to this law and our deposit should have then been placed into a scheme. I think I'll start a new thread with full details, but I am doubting if we would win our case after reading this one. Any thoughts?
  10. I will knock up a few more banners but we'll keep the existing ones there as they are mainly text and not specific logos. Unless admin wants them removed. Who did the new logo? I wouldn't mind having a copy of the original hi-res artwork to make them from. Cheers Kris
  11. £184 offered as goodwill gesture. Letter informing that my new interest rate is 34.94% Nice
  12. I was claiming £838 and settled on £753. It was close enough for me and it avoided the hassle of going to court. Also I have since had no further issues with them which is something I was afraid of (they even left my £500 OD there!) so I would settle on that amount. The choice is yours tho.
  13. Statements recieved. Prelim letter sent asking for £464
  14. Statements recieved. Prelim Letter sent asking for £440
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