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blackcatgirl

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Everything posted by blackcatgirl

  1. I am "Potts" from the latest case in the High Court. I am not legally trained and so this is NOT legal advice, just an opinion! My thoughts are to take the LL through the small claims court for merely the return of your deposit (as per the old days pre housing act and before these schemes were put in place). As it wasnt returned prior to raised the small claim, your costs of filing it are added to the total claim and thus paid by the LL if/when he returns your money. He can, however, issue a counterclaim for damages which you have to defend against (again - just like the 'old days') - but my undertstanding is that the onus is on the LL to prove damages and not the tenant to defend against them.I wish you all the very best of luck
  2. I wish that happened... I am "Potts" I have LOST the appeal ... along with no award for ANY costs either for the hearing, first trial or the Appeal trial.Effectively means landlords can pocket tenants deposits in their private bank accounts and have no need to protect them whatsoever unless they need to serve a section 21 eviction notice.Tenant then pays ALL the costs of going to court and as long as the landlord pays the money into a scheme on the day of the Trial and drops ANY counterclaim that he may have had "fun" raising against the tenant... no costs are awarded back to the tenant for filing the claim and going to court!
  3. Sadly it is the worst outcome imaginable ... the judgment has been posted up on the web. I lost... and no costs awarded. So basically it cost me £8K as a tenant to go through the court system to get a court order to get my money back out of the DPS where it was placed a month after the end of the tenancy and a month after I filed the court case DPS couldnt deal with the deposit issues - becaues of the court case being filed! Catch 22. Judgment full of innaccuracies too. Hey ho. Will let you know my solicitor and barristers view on it in due course. From what I can see, LL now no longer have to protect ANY deposit money... only the day or so before any court trial date... and the tenant is liable for costs as then there is no breach of the HA. Insanity.
  4. I am "Potts" in the Potts vs Densley case... just a quick heads up that the appeal court judgment should be handed down before the end of today.
  5. Keep your eyes on the forums/news/blogs as there is a case in the High Court of Appeal on the 9th February to get clarification on the "protecting deposits after the end of the tenancy" point. It is listed as {Potts vs Densley}
  6. Definitely emotionally destructive, and with no costs awarded am financially ruined too. FYI I made a Part 36 offer to LL only a couple of weeks after filing the claim, but they refused it and continued with their counterclaims for damages etc only to drop that at court. Will update after I have more news re an appeal.
  7. Oh and I got written confirmation from all three schemes that none of them would protect a deposit paid in after a tenancy ended. All in my witness statement and evidenced in Trial bundles... but ignored by the Judge.
  8. Thanks for the swift reply. I havent got my deposit back (and I believe unlikely to either) as I didnt even manage to get a Court Order for its return - only a 'consent order' - as the judge refused to issue a Court Order (else she would have to apply the mandatory fine!) The DPS say (verbally so far) that without a full Court Order they cannot return my deposit. That is their terms and conditions after all. If it wasnt needed - then no court time was needed to get an Order! The claim started on moneyclaim online not a N1. There I sought deposit protection or return plus initial filing costs (as tenancy due to end a few days later). After the LL complete denial and lodging counterclaim it came out of the online system into court system - where on the AQ and reply to their CC I stated I would be going for costs (as they were complicating matters considerably and my costs would escalate rapidly - which happened!). Ditto on a Part 36 offer I made. Its all a complete very expense mess, and I havent "won" at all. I'm a tenant and left in huge financial difficulty Incidentally - the £5250 was estimate for no solicitor representation at court, no loss of income and for 1/2 day in my local court. After the estimates made, it was allocated to a court a long way away - thus requiring time off work - (LL local court) and for a full day. My estimated costs were revised and issued at the time of exchanging list of docs (just before the £5250 were exceeded - and after an Allocation Hearing which wasnt costed for from the outset), and again before Trial started (6 months later and after I did the Trial bundles).
  9. Thanks - I shall try contacting Shelter I paid for solicitor advice at the beginning - to do the reply to the defence and CC, allocation questionnaire completion etc. Estimated costs on the AQ my solicitor said would be £5250 We were litigants in person at Trial I think the term was! Allocation hearing in Dec put case to Fast Track (not small claims) in order to protect my costs of bringing the claim! That district judge would have easily found in my favour. Sadly once I got to Trial, I was allocated a judge - not district judge - who had no interest in hearing anything from me - only the LL and his woeful story of his sister dying a month before I paid the deposit, then he had 12 days to protect the money after I paid it (head all over place - didnt do it), then he had almost 3 weeks on holiday abroad, then bird or swine flu when he got back (he couldnt remember which) and so it went on...
  10. One month into my tenancy I got contacted by Spark Energy as they were taking over my supply of Gas and Electricity. I tried to block this transfer, but there was a tiny clause in my 30-page tenancy agreement which gave them the right to transfer my supply to them (from Romans Letting Agents). I have googled and found that this is not a solitary case of this happening. I have "moved" reluctantly to Spark and initiated an immediate transfer to Eon... that transfer was blocked by Spark (no reason given). I have since tried the transfer process again - back to the original supplier Southern Electricity (due 10th August so will see!). I have written to the Energy Ombudsman - no reply yet. Anyone else had 'issues' with Spark Energy and tenancy agreement tie-ins, and transfers being blocked? Many thanks in advance of any replies.
  11. Please read my "Help!!" post before you incur vast cost. I am a tenant and just lost in Court... no costs award... not even defending against a vexatious counterclaim by landlord. Be very careful
  12. I took my ex-landlord to court for breach of the HA 2004. He didnt protect money within 14 days He didnt protect money 2 months later and said in an email to me that he "saw little point" in doing so I filed a claim Tenancy ended He paid money into a scheme a month after tenancy ended DPS put money in a suspense acct pending a court order for its release (as had they known tenancy ended they would have rejected the money - all confirmed by them in writing to me). LL made a vexatious counterclaim - unsubstantiated with no evidence seen - I spent 11 months up to Court gathering evidence and witness statement etc (large costs to myself - allocation questionnaire - reply to their counterclaim - initial allocation hearing - court costs - travel of 2 hrs drive away each way to attend court etc) Finally got to court and the judge dismissed my non-compliance case even though she stated there was a breach in the HA 2004. She refused to acknowledge the DPS Ts&Cs and the DPS insistence of no free ADR and no protection of deposit offered as tenancy had ended. I got no costs award (nothing at all!) - no 3 times penalty - and no Court Order (only a consent order which I am awaiting the DPS to tell me if that is sufficient to at least get my deposit returned to me). Any ideas how to appeal this insane judgement??
  13. A word of caution... I took my ex-landlord to court for breach of the HA 2004. He didnt protect money within 14 days He didnt protect money 2 months later and said in an email to me that he "saw little point" in doing so I filed a claim Tenancy ended He paid money into a scheme a month after tenancy ended DPS put money in a suspense acct pending a court order for its release. LL made a vexatious counterclaim - unsubstantiated with no evidence seen - I spent 11 months up to Court gathering evidence and witness statement etc (large costs) Got to court and the judge dismissed my case even though she stated there was a breach in the HA 2004. I got no costs award (nothing at all!) - no 3 times penalty - and no Court Order (only a consent order which I am awaiting the DPS to tell me if that is sufficient to at least get my deposit returned to me). Any ideas how to appeal this insane judgement??
  14. I have taken my ex-landlord for court for breaching the housing act 2004 - he didnt protect my deposit within 14 days. On top of that he also didnt protect my deposit after I filed the court claim - nor indeed within the tenancy! He finally did this before the hearing, DPS said couldnt protect deposit as filed after tenancy ended - placing it in a suspense acct (pending a Court Order for its release to either party). Landlord also filed a very vexatious counterclaim (unsubstantiated) for damages, costs, and rent arrears, which he only dropped at the Trial 11 months later. Needless to say it took me a lot of time, evidence gathering and long witness statement and large Trial bundle of evidence to prove his claims false. Even though the Judge said landlord had clearly breached the housing act, she dismissed my non-compliance claim and thus didnt apply the mandatory penalty - she also refused to give a Court Order, only a Consent Order (which the DPS is doubting enough to release the deposit money from their suspense account!). On top of this judgment - she did not award any costs at all... not for the breach in housing act leading to filing the claim, nor for any costs in defending his counterclaim which he dropped at court. There are numerous bits of the housing act which he is in clear breach of, and my case I feel is different to the high court ruling case (which renders the deposit protection laws toothless). How can I raise an appeal as the claimant in the case? How much will it cost me to have case appealed? Are there any no-win-no-fee solicitors that may take this on as I cant afford much more as I "lost" costs last time! Thanks in advance for any advice or directions you can point me to
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