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mozas

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About mozas

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  1. ok so here is what happened: Went to court this morning, the defendants were present and did not file any kind of defense or statements to argue the claim!! They can unprepared and pretending to not understand what was happening. The judge had read the 2 claimants statements and the witness statement we have provided and all the particular of claims provided, so she had a good view of what happened well my version. It went very well and in our favor, she straight away advised the defendants whether to come to an agreement between us or to prepare themselves properly and be asked to come again in a few months. The ex LL played his favorite card saying that it was all a waste of time and that he was too busy to have to deal with this, that did not go well with the judge and she said well obviously there is a reason with you are now in front of me!! Anyway, I had requested the belongings back of a value:-Dof £1700, I got £875 instead for the belongings, and I requested £625 back out of £825 of deposit money, instead I got £725 back so all together I got back £1600 instead of £2300 so not back I would say as the judge told me to bare in mind that the value of the belongings would be considered as second hand value from a bailiff. Anyway, once received the court order I can claim then my deposit money from DPS and the LL will have 14 days to pay the rest, he already informed the judge he will be paying in total in 1 payment. The LL didn't even argue to not give me anything back like he argued before I took him to court, he straight away went into negotiation mode!! I would say it is really worth spending the time to take a dishonest person to court as long as you don't lie and you have a strong case and show that you are genuine in every statements!! Thanks all for your precious help!:-D:-D
  2. Thanks citizen B, I had read that and didn't understand why I couldn't apply for judgement by default! Thanks letsmakeamark, as I am dealing with return of goods or the value, return of some deposit money and compensation for failing to protect extra money given as a deposit, the situation is different than a regular claim for possession. I am going to let the judge decide on Wednesday and if i get the order in my favor, I am going for bailiffs after. Need to teach a lesson to that awful LL, who is just too greedy and wants to keep everything!
  3. well I am doing it all on my own, without any sort of legal help and just trying to get information from internet and what I was told in the county court. Originally I wanted to make a money claim only but when I phoned the help line they said it would not be accepted as I was seeking return of belongings that are bieng kept or the actual value of them plus compensation for not protection an extra £100 given towards my deposit. So after seeking help to the county court I was told I should apply for a claim under part 8 as it is an unspecified amount. Now a hearing date was decided straight away by the court that is on the 13th of this month I am just trying to find out what needs to be done step by step. As the hearing is next week, I going to go along with it and ask the judge for him to specify an amount and judgement by default as the defense is failing to respect dead lines. I don't even know if I am allowed to ask him like that or if it needs to be done via a form as part 8 doesn't allow judgement by default amount as the be specified first. I am trying my best without any legal help. Then I will apply a warrant of control if judgement is done and in my favor which should as no defense!! Any thoughts?
  4. Is the judge going to decide for the amount to be returned at the hearing or do I need to apply for an assessment of damages? Thanks
  5. Does anyone know why a part 8 claim can't get a judgement by default, and what can be done instead? thanks
  6. just checked my notice of issue there is nothing to fill out as it's under part 8 the claim
  7. I called the court today and the defense has not filed a defense and dead line is today! When I asked how to get a judgement by default form, she said that I might need to ask in writing?? I asked her about a form? she said my claim is under part 8, as it's a money plus return of goods so I even might not be able to apply for a judgement by default!! Does anyone know anything about that? She said I might need to ask the judge next week, as the hearing is next week. Also she said that she is not qualified to give legal advise and I should get a lawyer's advise! I do not wish to do that as they will give advise only if they will look after the case and take 40% of whatever I get!! Anyone? Thanks
  8. but what if the deadline is passed and he has not put a defense in? The dead line is tomorrow and the court judgement on the 13th of this month. Should I enter judgement by default if no defense file or wait for the judgement day? Thanks
  9. So I have sent to the court my last particular of claim that I had to follow, gave it to the court last week, it is a neighbor's witness statement. The last day for the LL to file the defense is tomorrow. Would the court allow the LL more time as I gave my last piece of document last week? Does anyone know? Thanks
  10. right got some news, basically cannot get the copy of my claim form and particular of claims back as they ave used the 3 copies I sent them, defendants are husband and wife LL so they served both. They charge £10 per documents and an extra 50p for after the first 10 copies. So that's fine I can rebuild my case just need to print out emails again, time taking but cheaper option, have given out enough money Also, I am still waiting to hear some advise on what to do as he filed his acknowledgement of service late, does anyone know? Thanks
  11. Hi, the contract had become periodic. I gave the LL 2 weeks notice and paid up until 06/09/14 and left on the 28/08/14. We had a verbal agreement regarding that. Regarding the belongings he is now claiming he gave them back!!! And what not showing receipts and come to an arrangement?? No I am facing here a greedy LL that wants it all!! He probably got away with it in the past!! But not without a fight with me! Does anyone know where can a bad LL be reported?? Many thanks
  12. Hi, On the court paper I received it says: " Take notice that the court hearing will take place on 13 May 2015 at 10:30 AM. When you should attend 15 minutes has been allowed for the Hearing. Please note : This case may be released to another Judge, possibly at a different Court."That was the first paper I received. Then I received: " Your claim was issued under Part 8 of the CPR on 13 March 2015. The court sent it with copies of your witness statements to the defendant by first class post on 12 March 2015 and it will be deemed served on 16 March 2015. The defendant has until 30 March 2015 to reply". And finally I received this: "The defendant filed an Acknowledgement of Service on 09 April 2015, the defendant responded to the claim indicating an intention to defend all of the claim. The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim to file a defence." Basically how the LL got the belongings, is that there was a domestic incident at the address in August, my ex got arrested and taken to custody and was banned to return to the address, so got a bail accomodation. In the meantime I decided to move away as I did not feel safe, I informed the LL got my last rent organised and paid until the 06/09/14 even though i left on the 28/08/14. I left the LL in good term and took all of my belongings with me leaving my ex's stuff behind. The LL got my ex's bail lifted for a day and got the property cleared of his belongings together, some of his stuff went to a friend's garage and the electronic expensive stuff stayed with the LL as he offered to keep them in a non humid place until my ex sorts himself an accommodation. He obviously couldn't take his belongings back to the bail house! Anyway a month later I receive an email with a list of cost of damages and hours of works that he charged for "his time", the bill coming to over £1200. Basically all of my £825 deposit plus ... My ex got a new place for himself and went back to the LL to get his stuff and the LL asked him to release the full deposit in his favour from the DPS in order to get his stuff back, my ex didn't know what it was all about as I am the one dealing with all this. I had been arguing on DPS with the LL to try to come to an agreement regarding the deposit, I even requested the alternative resolution center but it's been refused every times. I had to be back in touch with my ex has we have to put the claim in our both names against LL. Regarding my particulars of claim: I have copies of DPS refusal of the alternative procedure I have emails where the LL writes himself that he is keeping some of my ex's stuff I have emails showing that I have been requesting copies of the receipts in order to come to an arrangement and the LL's reply being that he doesn't need to provide me anything!! I have a copy of an inventory of the new tenants of the property that was sent to me by mistake showing that he rerented the property 1 week after the 06/09/14 and that none of some of the work he wants me to pay for has been done, so basically he is rerenting the property as it is and estimating the cost of repair and overcharging to not have to give any deposit back. I have pictures of the back garden of the property which he claims has been cleared for £50 when it clearly has been done. He also wrote to me in his reply to my letter before action that I never gave him an extra £100 for a pet contribution which is a lie as I can prove because in his break down of cost that he emailed me included the deposit and wrote himself plus pet contribution of £100 to minus the amount "I still owe him". I am sorry to say that but I think he is an idiot to try to prove that I never gave him money when he writes himself that I did!! He wrote that because he didn't protect this extra money I gave him and I wrote it in my court claim that I wanted compensation because of him failing to protect that £100. There is also text messages between him and my ex regarding the belongings. That's about it ... Waiting for you advise, thanks
  13. Thanks raydetinu, the deposit is protected by DPS and that's why the LL was trying to blackmail me to release the deposit in exchange of my belongings as he cannot get the deposit without me agreeing to it, which I don't as no receipts being shown and he wants all the money!! DPS cannot help as I have raised a dispute but the LL is refusing it. The LL has now stopped the blackmail and is saying that he gave us back the belongings which he hasn't!! Sorry it's a complicated story, hope you understand what I am trying to say. That LL is a joke, does anyone who if I can report him somehow?? Thanks
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