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LaurynM

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LaurynM last won the day on August 29 2011

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About LaurynM

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  1. I'm afraid you need to instruct sheriff officers (or equivalent if not in Scotland) to serve the warrant and writ on your behalf. If you are successful, the costs of this can be reclaimed from the defender.
  2. Thank you. The bank arrest also failed so I will need to try and progress things further now. I am so disappointed that I still don't have a penny back despite outlaying hundreds of pounds in costs not to mention a lot of my own time. I will keep things updated.
  3. As detailed in a separate thread, I took my (old) landlord to court for failure to comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011. I was successful and was awarded an amount in court for which I have an extract of decree. I later returned to court to have my expenses audited and obtained a second decree for this amount. The defender was served with a charge for payment and a Debt Advice and Information Package together in September 2014. No response or payment from the defender was received within the 14 day period, nor since then. I
  4. I sincerely hope we do not go independent but it's too close to call right now.
  5. An update on my case: I first went to court on 13 December 2013, and again on 18 January 2014 where it was continued as the defender said on 13 December that he wanted to make a defence (despite not doing so in the allotted time frame ahead of the hearing). On 18 January 2014 the defender did not show in court and I was successful, with decree granted in my favour. I returned to court today for my account of expenses to be audited and was again successful, with my expenses deemed reasonable. The defender did not show up but did phone the auditor earlier in the week
  6. For points 1 and 2, use this link to identify the dates relevant to your claim: http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/tenancy-deposit-schemes For point 3 - no it doesn't matter, it's prescribed by law and the responsibility is ultimately down to the landlord to comply with the regulations. If you are struggling to PM me then feel free to note your email address and I will email you. Thanks Lauryn
  7. Also I am more than happy to look at any documents etc however I am not legally qualified. I have a degree in law but I am an accountant by practice therefore please use anything I note as a guideline only - I don't want to be held responsible for any actions you may take which I hope you understand.
  8. Even if the landlord HAS protected your deposit, there are time limits in which you must be informed of a number of facts about your deposit, therefore if you haven't received this, when you are within your rights to pursue. The diet for my expenses is actually this Friday and is for the fee to lodge the application, the fee for the sheriffs officers, then the amount for the expenses to be audited and taxed, and for this to be intimated on the defender, and that's it off the top of my head. The fees for the sheriffs officers to pursue the amount owed to you if successful is simply added o
  9. Hello 1. Any unpaid deposit is a separate matter. I believe this would be a small claims court action. At present, part of myu initial deposit is outstanding, whether or not I go after it is another matter. Your summary application is purely for the non protection of your deposit. In my case, the amount unpaid to me was used in arriving at the amount I was awarded, but technically the two matters are separate. 2. Your expenses are on top of the amount you crave. Make sure that this is clear in your application. You will (I assume) be asking for £x being three times the amount of you
  10. I have attached my complete form with personal details removed. Please only consider this as a rough guide - I completed it myself and it is not definitive. [ATTACH=CONFIG]51491[/ATTACH] [ATTACH=CONFIG]51492[/ATTACH] [ATTACH=CONFIG]51493[/ATTACH]
  11. Hi Ian/Sarah Firstly, you must download a Form 1 which can be found in the following link: https://www.scotcourts.gov.uk/taking-action/summary-applications If it is helpful, I can send you a copy of my form showing the detail I included. Kind regards Lauryn
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