Can I take someone to court without going?

[Mr_Joe]

Hi,

 

My landlord has still not returned my deposit and so i'm now thinking of sending a LBA before court action. However i will be leaving the country on 10th August and won't be back til the following June as i'm doing study abroad for a year. If i don't get my deposit back is there anyway i can take them to court without appearing as i will be in another country?

 

cheers

 

Joe

[Goldlady]

Only if you get someone to represent you in your absence, otherwise the other party will get it struck out.

[Planner]

Dont just send the LBA, fill in and print off a copy of the N1 county court claim form (dont sign it) and send that along with the LBA to your ex-landlord. Tell him it will be submitted within 14 days without further notification should the deposit not be returned.

 

Many times the "threat" itself is enough, hopefully this will be one of those times. I always think a completed N1 form accompanying the LBA gives it that extra punch.

[Mr_Joe]

thanks guys

[GuidoT]

You cannot just instruct anyone to attend court on your behalf. You should attend or a lawyer.

 

You can request that the matter is heard without you 7 days before the hearing, but it is best you attend.

 

Depending on how busy your court is, I would not expect a hearing for at best 6 months and sometimes over a year from when you file your N1. I would file and when you receive your allocation questionnaire just say when you will be available.

 

When you fill in the N1 there is an address for sending documents to (for solicitors use generally) but there is no reason why you cannot put an address in there from someone that can forward documents to you.

 

Anyone sending an N1 form unsealed usually demonstrates an intention not to file at court, I would not do this. For example private parking firms and debt collectors do this; both of which are very reluctant to file.

[Mr_Joe]

ok its just i will be out of the country for 10 months so will be unable to attend.

[GuidoT]

I realise that but as I said, just say so on your AQ when you receive it and then a hearing date will be arranged for when you return.

[MrShed]

Guido, with respect...I feel this is general advice inappropriately advised to specific cases. I agree that an N1 should not be sent to someone who would generally receive such forms. However, in this case, the landlord is highly unlikely to have received this before, and so it is unlikely to come across as being sent because the sender is not going to proceed to court. There is certainly nothing to be LOST be sending the N1 as Planner has suggested, in this specific case.

Edited July 29, 2008 by MrShed