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sad-but-true

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  1. Thank you both for the replies. Lea_HTH, I'm familiar with the maths behind the calculations, I'm just unsure at which costs I can apply them too. From your response it seems I should do the following: Original judgment amount of £889.2 (675 debt, 39.2 interest, 175 costs) * .00022 * number of days since judgment - is this correct? We have considered all other debt recovery options, but have settled a charging order as it is permanent and will cause him the most hassle (be it short or long term). He's a very slippery character, is well off (goes on several holidays a year), but has limited assets. He runs/works for a second hand car business and the bailiffs saw him go to/from work in a different car every week (no doubt they won't be in his name). Other options are: - High court enforcement officer = same result as previous bailiff in my opinion - Deduction from wages = I think he can wriggle out of this and we won't be able to get an attachment to earnings order - Recover from bank account = a one shot deal and we'll just be pouring more money down the drain We have spoken to him several times and even got as far as him trying to appeal the original decision, but we told him the wrong amount for the cheque so it the form wasn't processed. He genuinely thinks we are in the wrong, we feel if we get a charging order he will want to either appeal or pay up. If a court actually tells him he's wrong in person, he will pay. Thanks for the landlordzone link, I will post there too.
  2. Can anybody shed some light on this? We're hoping to get it sorted ASAP & don't want it to be rejected on a technicality like an incorrect interest calculation Thank you in advanced
  3. So we had a judgment in our favour dated 13 Feb 2012, this was for £714.2 (£675 debt and £39.2 interest up to judgment date) and £175 costs. We have since paid for a bailiff but this was unsuccessful. We are now applying for a charging order against his property, how do we calculate the interest? I know it's 8% p.a. or 0.022 per day but is the interest on: (a) The original £675 (675 x days since judgment x daily interest then add the original £39.2 back in) (b) The total amount in the judgment £889.2 * daily interest rate * days since judgment © The same as (b) but can we include the costs we paid to the bailiffs? Many thanks
  4. He owns the property we rented but doesn't live there, he rents a separate flat a few miles away. We left the property in 2011. The judgment is for ~£900. He's lazy and unreliable, but I don't think he's very shrewd. I'm hoping he's still using the same bank account to collect rent from his tenants. We've put too much money into this now (for the judgment and subsequent warrant), so we are only going for one final course of action. So we need to make it count.
  5. We received a county court judgement in our favour back in Feb 2012, and got a warrant of execution in March. Since then the bailiff has been unable to get anything from our landlord. In fact, the bailiff claimed that our landlord was no longer at his residence, we visited a week later and found him still living there. our landlord never attended a hearing and still thinks he is in the right. We think that if he actually turns up in court, he will realise what the law is and pay up. We even got as far as giving him the forms to appeal the decision, he filled them out along with a cheque, but we had incorrect info and told him it was £75 fee, so it got rejected because it's actually £80. Now according to my housemate, the warrant is no longer valid. Apparently the bailiff cancelled it because our landlord was appealing, but then the cheque was for the wrong amount. So we either want to (a) get him to appeal so we can see him in court (b) find another avenue for recovering the money. Does anyone have any suggestions for achieving either of these? For (b), we think he might be self employed, but we are applying for an attachment of earnings order search, to see if anyone else has applied for this (he has had other debts in the past). We also have his bank account details still, and I think we can apply to recover money from the bank. Does anyone know how this works? Does he get any notice before hand? Is it a one time only thing (i.e. if there isn't enough money in the account, is that it?)
  6. The TDS Court Claims Wording sticky (unable to directly link) h-t-t-p://w-w-w.consumeractiongroup.co.uk/forum/showthread.php?126261-TDS-Court-Claims-Wording is for the N208 form. But the general tone of these forums seems to be that N208 is the wrong way to go. Is this wording also suitable for the N1 form (if I remove the sections referring to 3x compensation)? If not, does anyone have a suggested wording to use? Thanks
  7. The general tone on these forums now seems to be: don't bother going for the N208 and x3 times compensation, should the original post be amended? Is this wording suitable for the N1 form (if amended to remove reference to 3x compensation)?
  8. I can't post direct links yet but put this in google: guardian landlord deposit margaret dibben Or alternatively, here is a broken up URL that someone else could quote and fix h-t-t-p://w-w-w.guardian.co.uk/money/2011/jul/02/landlord-kept-tenants-deposit-rented-property Does anyone know how we could find out the details of this case?
  9. Thanks, but we're not prepared to pay £40 on top of court fees to reclaim a deposit of £675. Our landlord has always been dodgy, he is very careful not to leave a forwarding address. When I obtained the title deeds from land registry, the address he used was that same property! I don't see why we can't use that address and I doubt any other company will be able to find his current address. He only bought the property in 2006 and we were the second tenants he ever had, so there hasn't been any chance for him to leave a paper trail. The links you provided for obtaining an address won't help, they aren't accurate at all. They say gas/electric/water will have his address, no they won't. They only need the address of the rental property. Even if they did have his address, they wouldn't give it out due to the Data Protection Act. It is irrelevant if we are seeking the address because of legal proceedings, that might be the law, but I live in the real world. No company would give out this information, their admin departments are too inefficient and uneducated. Also, I read somewhere that we can ask that we serve the court documents to him in person. Is this possible? We know where he works, looks like a two man business but don't think he owns the site. Oh, and one other question. I've see some websites saying that N208 you can be liable for a lot more court fees if you lose, is this true? Basically we want to pay fees up front (I've read it's £150) and that's all, we don't want to open ourselves up to heavy losses.
  10. My tenancy started after April 2007 and we paid a deposit to our landlord. The tenancy agreement actually says he will place the deposit with the DPS. No inventory was ever taken. We served one month notice on 30 March and moved out 30 April this year, despite numerous phone calls and texts he has yet to refund the money. He even agreed by text that he would send us the money within 7 days, that was 14 days ago. I think he's just stalling and never intends to pay. We're planning to issue him a letter warning of court action. I've read the stickies and decisions made in cases so far. My questions are: (1) He never paid the deposit to the DPS and therefore failed to give us the prescribed information. Should we take action to obtain just the deposit or 3 times the deposit, or both? (2) If we pursue both, do we still get the deposit back if we fail to get the 3 times compensation? (3) We have never had an address for our landlord. I applied for the title register from Land Registry, but the address for him is listed as the same property! Is there any other way we can find is actual address? The letting agency we used has since gone out of business, so we can't get it from them. (4) Can we just issue a letter to him at the rental address (as he owns it)? And use that address when we commence court action? (5) The DPS was explicitly mentioned in our tenancy agreement, do you think this helps our case or is irrelevant? Thanks
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