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Adversity

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  1. What was the deal with that website? Was it real? Sounded too good to be true to me...
  2. ok quite a few developments for those who are interested. i went to court on tuesday where the landlords application to set aside the judgement was to be seen (at a court far away from me!) needless to say, she didnt turn up, nor had she entered a defense. the judge didnt take to kindly to this, and so rejected her application to set aside AND put an order on her that she can not make any future applications without a judges permission (so ever seeing as she quite simply has no grounds to) after leaving the court with high spirits for the second time, i rang the estate agent wh
  3. Claim for whatever amount you paid as deposit. My understading is all other deductions are ignored, as the landlord didn't comply with TDS so must pay back the full amount + 3x.
  4. thanks very much for help.Ill ring the court tomorrow. Im quietly confident that these are desperate last ditch actions by the defendant, with little or no substance. after all, from her point of view if this setting aside application fails, she still managed to buy 3 months of time not needing to pay the order. quite how the application could succeed when she supplied no evidence to prove that she had already paid is beyond me. a judge couldnt possibly award her that with no evidence? im confident that the original claim has all the evidence needed for that to stand, Ill happi
  5. am i able to submit further evidence to the court application at this late stage? because it would disprove both her claims.
  6. ok i received the defendants statement as to why she wants the order set aside, she has said "i never received any court papers and didnt have a chance to defend myself" "the money has already been paid" to answer the first point, i actually had an email from her saying "... have received your paperwork. ..." and further reference to it in other correspondance since. to the second point, i havent had any money, and surely she would be required to provide evidence to support that fact? which of course there is none. nevertheless, the application will be seen on the 23rd mar
  7. thanks for that, it is desgusting. i cant believe someone who has the black and white of the case outlined STILL cant see that theyve done wrong! the simple fact is our deposit was not protected, so there is no way there is any grounds for appeal. in my eyes anyway. theres not indication on the notice of transfer of proceedings i had today as to what the defendants reasons for applying are, it doesnt say which point of the CPR she is using as grounds to set aside the judgment. ive spent best part of the evening reading through the CPR, in particular part 13 which is "setting aside or
  8. ok i thought it was short lived...ive had a letter from a court in england telling me the claim has been transferred to them for the defendant to make an application to "set aside the judgement" how?!! what does that mean
  9. I dont quite know how to react to this but... the estate agent has told me he is sending the cheque on friday! i wont celebrate untill the money hits my bank account but still, this is the FIRST time i 4 drawn out months that i have had any indication i would ever see my money again! WOOOO!
  10. hats off to you sir for your informative post! the judgment was indeed a welcome early christmas present, even if it is only a small piece of a much bigger picture, it was an enormous relief to have the order to wave infront of their faces, as both parties have assumed they are much bigger than the law up to now. the estate agent: a quick snoop on their website doesnt show any of the acronyms you mentioned, however "OEA Ombudsman" and "OFT approved" logos are displayed clearly on their front page, does that help? they arent local to me by a very long distance but operate in the UK
  11. the only communication i had with my landlady was via email, fortunately the estate agents were often CC'd in on them, and there were so many that it wouldve been hard for the landlady to say they werent her words. fortunately she never tried to say that, but the emails were used in court, whether they were needed by the judge i dont know but the judgment went my way
  12. ok long time since an update but a significant one none the less. I went to court on the 21st december and as expected, the judge made the order that the money be paid to me, the breakdown was: 1. Full deposit returned "by the person the judge understands to be holding the deposit" - £650 (in this case it was the estate agent because the money was paid to them, and they admitted they were holding it) 2. 3X the deposit to be paid by the landlord - £1,950 3. interest of £11.48 and court fees of £150 to be paid by the landlord all by...the 7th of january. which has passed
  13. i rang the court today after not receiving any defense from the landlady in the post before the deadline, according to them she hasn't submitted one! stupidity on her part or has she got a trick up her sleeve?
  14. Mrshed, your retraction is music to my ears! I would under normal circumstances settle for just th deposit and court fee, but wihout sounding vindictive- she has been SO rude and unhelpfull through all this I don't believe she would pay any out of court settlement amount anyway.
  15. Thanks it's good to hear that there are examples of this happening,had I not asked on here I have not been told by the court or anyone else to try and further speak to her, so I wouldve ignored her email. I would emphasize with evidence in court that I made probably 10 or more requests to settle it before court and each time she eithe came back with a nonsence excuse or simply said "take me to court then" the judge can't say I haven't tried!
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