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StevenT

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  1. Another thing, if I summon him to the courts to disclose his details so I can do a attachment of earnings, can I add those costs and the costs of the 4rd party possession to the total of monies he now owes me already? - Deposit - Courts fees - Order to obtain information - Attachment of earnings Because the first 2 are already on the CCJ but the last two aren't, which cost about 150 pounds for the both of them. Any help would be greatly appreciated. Also I've called some solicitors who said they wouldn't help me under the legal aid scheme because the amount is too low (less than 1000 pounds). Which seems rather odd.
  2. Yes, I've seen that, just wondering which is the fastest way, some stuff in the sticky is also outdated, fees for example. I guess I have to go for a 3rd party debt order and get it from his wages, after doing an order to attend to get the information needed. The costs of both those order will be added to the ex-ll's bill I assume?
  3. So the courts have decided in my favour, but now I need to enforce the judgement, and choose an option to get my money back. Mind you my ex-ll is one cheeky guy, he will not let any bailiff in to his house, which means that even if I pay the bailiff fee, and they fail, I will not get my money back and lose the bailiff fee as well? This seems rather ridiculous. I win the court case, but to get my money back the ex-ll has to willingly let a bailiff in to his house in order to siege goods to sell and get my money back. My questions, how can I be sure I will get my money back if he isn't willing to do anything? He simply ignores everything, and it seems to pay off, this can't be right. What method do I use to get my money when enforcing the judgement? Any help and advice will be greatly appreciated as of now I'm very disappointed with the law, what's the use of going trough the courts when the ex-ll can simply ignore everything, deny bailiffs access and costing me more money than I lost in the deposit?
  4. A big bump and an update. I have proceeded to go to court and the ex-ll has ignored all letters from the court and I have filled for a default sentence which has now been passed. He has to pay within 1 month if not the courts will start collecting the monies owed to me. My current question, how long will this take, he is clearly not interested in defending himself, he ignores everything, I have verified with neighbours he still lives there and with the land registry too, he still owns the house too. How much longer can he delay paying me back my money? I'm getting really tired of this, it's been more than a year now. The courts were also really slow processing my claims, saying they had a 3 months backlog. Any comments will be appreciated.
  5. Several things, and I hope some regulars will correct me where/if I'm wrong. Write to your landlord/la and tell him to pay you back the deposit. Tell them they have failed to protect your deposit in time (they should've issued you with proof of protection within 2-4 weeks after you moved in), also tell them that if they don't pay it back you will take them to court, where they are most likely to pay your deposit + 3x the deposit fine. Just because the protected it too late doesn't mean they didn't break the law in the first place. If they don't respond you can use the LBA template found in the stikies here to draft a letter, which I am sure the regulars will help you with and make corrections in needed. There are quite a few similar cases found here where the landlord/la protected the deposit after the tenants moved out. Do some reading around here, it will be informative and will help you get an idea of your rights. I do not think you have lost the deposit. The whole TDS is not relevant as they protected it after you have moved out. Try to get written confirmation from the scheme confirming it was protected after you moved out. I'm sure you have the notice letters and other evidence to proof you moved out before they quickly put the deposit in the scheme. And even if it was protected, and the 90 days expire doesn't automatically means the deposit is now for the landlord/ta. It is your money. As long there are no deductions to be made you should get the full amount back. As I said before, they are liable to a fine 3x your deposit. They most likely protected it quickly to prevent such a thing, but too little too late if you'd ask me. I hope this helps. Please any regular member correct me where I'm wrong.
  6. Don't assume the landlord will automatically chase for the money if he would know the situation, a friendly letter to him explaining the situation and an appeal to him to solve this in a way all parties can live with would be much better. Maybe he is understanding and won't chase up someone with a disability for so much money. Also I'm not sure if he would interested in chasing for it if all he will get is 4 pound a week/month of his benefits. Weekly 52 x 4 = 216 = about 19 years Monthly 12 x 4 = 48 = about 83 years It will take a long time before he can recover his money, I'm sure there are nice understanding landlords out there too who could wave the money owed. I would try to appeal on that. If the landlord insists in getting the money back you could argue diminished responsibility/capacity. But I don't know if that will be helpful in this situation as it seems only applied in criminal law not civil. But you should check with a solicitor if the decision he made to stay in the old house whilst not living there could be turned back on the ground of diminished responsibility/capacity.
  7. Thank you! PM has been replied. I will amend my correspondence with ex-landlord soon and post it here in the thread if needed by other members.
  8. Tomorrow I will write to some solicitors to see if they are willing and able to take my case on. I also wonder how the courts will view the fact he has not responded to any of my letters until I sent the LBA, and now claims I did not respond to his letter. Isn't this a little too late on his side? I also find it peculiar that he claims I owe him more than the deposit. I really hope a solicitor can take on my case as the court procedures seem daunting and I have a lot of evidence but don't know what to submit. I still have not received anything back from him, he did not specify any of the claims, nor did he say when he sent his letter (if he did) and if it was sent my recorded delivery or not. So very tiring all this.
  9. I'm sure he has now received all letters as he replied to an e-mail to which I had attached all letters sent in PDF. I've did the initial assement for Legal Aid, it seems I'm eligible for it, does this mean I can make an appointment with any of solicitors in their programme? Since the ex-landlord is saying his solicitors are preparing paperwork regarding extra costs he incurred I may need some professional advice on the case, though I think he is trying to bluff his way out and fabricating costs. The rent was all inclusive, and the inventory was not checked when I left, he was too busy for it, I did ask for a walk trough. Any thoughts?
  10. I would think the two leaving could claim half the deposit from the two who stay behind as the leaving two are no longer on the contract they should get their part of deposit back. If the parties can't talk anymore I'd sugest they send a letter to the two who stay behind and ask for the half to be returned within 14 days, if they don't they can always try going to the small claims court. I would also advise to go and have a chat at the local CAB office and check if they are eligible for Legal Aid. If not then they can try to get legal advise from the Pro Bono solicitors at LawWorks. I hope this helps a bit. To me it seems the two who stay behind should pay half the deposit to the two who are leaving. How much responsibility the agent has in this I don't know. But I'm sure other members with more knowledge can shine a light on that aspect.
  11. I have no idea, but all letters sent I've sent both via recorded delivery and normal 1st class with proof of posting. The letter he claims to have sent me never arrived here, so I doubt he sent it by recorded delivery, in which case he would've gotten it back and could chase up, or by normal mail. I doubt he sent anything at all and is making things up to try and scare/bully me out of going to small claims court.
  12. Yes, he claims he sent me a letter after his threatening text message, which must be somewhere in August. I did not receive anything, and I would say that if he thinks I owed him money he would chase up on that, but he did not. Then in November when I started sending my letters asking to be paid back and stating I did not hear from him since the text message I received nothing. Now 2 months later when I've sent the LBA he suddenly responds with these claims. I'm curious to what costs he will come with as the rent was inclusive of all bills and the inventory only has a few things on there. I asked to do a walk thought on the day I moved out but he said he was too busy. So there is only a signed inventory when I moved in. Nothing in the room I rented is worth more than 450 pounds, the inventory also does not state the age or state of anything in the room. I took pictures on the day I moved out. I'm just tired of this dragging on so long and I do not have the patience to sit around and let him fabricate costs. I wonder if he knows he has to prove every single deduction made, with a proper receipt, not one anyone can buy at the local Raymans. Does anyone know if the courts require the receipts to have the VAT number and company address on them? Because I want to go to those company's and get a written statement. I doubt he did anything to the room though, as the room was being advertised while I was still living there (with a higher rent). Can I also request other proof of work done other than receipt, such as photos? Thanks.
  13. Just a bump to say the ex-LL replied to the LBA with some vague counter claims. He says he sent a letter a while ago (did not mention a date) and I've failed to respond. I have never gotten any letter, also I mentioned in every single letter I've sent that I have not heard from him. So why didn't he reply to that and resend his letter? He claims I owe him money now, how much he doesn't say. I have to wait for his letter. In the meanwhile I will just proceed to the Courts if I don't get my money back within 14 days of my LBA. I don't fancy playing any games with him. My current questions are: - Am I doing the right thing by proceeding to the Courts if he does not pay up? - How much should I file the claim for? Deposit amount + ?? - How much interest do I calculate ? He has not bothered to reply to any of my letters until I sent the LBA. This has been going on for quite some time (4-5 months). Quite frankly I'm out of patience. Please advise me kind people of the CAG.
  14. Whatever anyone has done or will do to you is never a justification to commit suicide. Take a few steps back, which is hard, but you have to for your children sake and your own. The advise given here is good, keep a diary, and when you lodge reports to the police ask for a copy and/or confirmation of it. Keep a dairy of all she claims you done and try to be around other people who could vouch for you in case she makes another false allegation. They can be witnesses to your innocence. You need to have a long breathe but she will eventually lose this, as it gets more and more evident she is making things up to cause you harm. In the end she is the one that might lose custody over your children. Stay calm, keep company with your family and friends, do not isolate yourself, it will wear you down. Try putting your thoughts down on paper or an anonymous blog, so it is out of your system. You can also call the Samaritans. Whatever you do, suicide is not a way out, just think of your kids, family and friends, do you really want to leave them behind like this? Nothing is worth giving up on life. Wish you all the best and let us know how things go.
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