What to do when Deposit scheme fails...

[Coastfodder]

Hi all..

 

I have so far only seen one other question on here about this issue but were would you stand if you could prove that a Deposit scheme was not acting on something that you could prove..

 

There are numorous threads on here about our Ex LL..On reciept of copies of all correspondance from the Deposit Scheme submitted from our Ex LL it was plain to see that again she was exploiting the systum..We could prove the amount that had been placed with them was part of an out of court arrangement and should never have been submitted..

 

The deposit Scheme accepted this and could also see how ex LL was complicating matters and the Deposit Company advised us to persue the case through the Court as they felt it would be pointless using their ADR service..

 

We began proceedings and a hearning is set for nearly a year aftewr we moved out..( YES ex LL has been playing games for that LONG!!!)

 

Anyway..LL signed the Declaration stating that she has submitted genuine Quotes..( we could clearly see that 2 were fake)..anyway she signed the declaration...

 

WE questioned her quotes in our Court Papers and LL has stated that they WERE NOT proper quotes but were made up from the internet..

 

I informed the Deposit Company and this was there response...

 

With respect to all Statutory Declarations made in accordance with Schedule 10 of the Housing Act 2004, the person is swearing at clauses 9 and 10 that it is a solemn declaration by virtue of the Statutory Declartions Act 1835 and that if a false declaration is made, they may be liable for prosecution under Section 6 of Perjury Act 1911. In the event that you consider you have a claim against the Mrs X for misrepresentation it is one we suggest you pursue directly.

I will of course be including this in our statements to the Court but why are they unwilling to do anything..who regulates the Desposit Companies??

What would be the advise on this??..

Many thanks CF

[Coastfodder]

:(:( Does anyone have an answer..Or is it another thing the EX LL just gets away with...

 

I have let properties on and off for 17 years and have an outstanding record..I do have referances from ex Landlords..

 

They can confirm I sometimes left the properties in BETTER condition..even the check out Inventory Clerk offered us a flat....

 

Ex LL has used every avoidance tactic possible..They have lied and lied about their lies..Nearly a year later we are still trying to get money back we can prove without doubt is ours..even LL statemnet and evidantual documants back this up!!!!!!!!!!

 

The judge stated that our case was suitable for Mediation...again LL has dissapeared..therefore AGAIN dragging it out...

 

any suggestions would be great.

[Steve__M]

With respect, your post is very confusing.

 

Suggest you edit your post to (briefly) summarise the story from the beginning.

[Coastfodder]

Ill try and find old post..

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/132368-keeping-contract.html?highlight=coastfodder

 

Basically we were advised that we would get our Money back as it was just a formality..But they didnt figure on LL playing every game possible.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/169426-when-will-end.html

 

In the end the DPS felt we should just go to court as the amount was part of the agreement.They have also stated that they do not wish to be involved...

 

Business people..clients..freinds have all read through the court Papers from LL and have ALL stated she is barking mad!!..Her papers actually strengthen our Claim..

 

Then we saw that she signed the Declaration for the DPS stating they were real quotes for made up work!!!!! and in her statement she blatently says they were made up internet quotes!!!! but the DPS are not interested...so again we sit and wait for EX LL to respond to calls from the Court to meet with the Mediator..A hearing date is set with a time limit of 90 mins..

 

I thankyou for your Time in replying

Edited January 14, 2009 by Coastfodder
Spelling errors

[Steve__M]

Seems odd that the judge thought it suitable for mediation despite the fact that mediation had already failed. Did the judge know that DPS had failed to mediate?

 

Sounds very frustrating, but it may be that you have to grit your teeth and give the appearance of being patient.

 

I would suggest that you summarise events on paper beforehand to help you go through it in an orderly manner with the mediator. Get all the paperwork in order, and go through the evidence a couple of times with a friend.

 

Try to avoid direct strong accusations as if you get into a slanging match the mediator may start to think there are two sides to the story. If the landlady is a lying scheming wotsit then the mediator will hopefully see through her without you having to point it out. Eg. Say "As you can imagine, the delays caused by the landlady's actions were deeply frustrating" instead of "The landlady deliberately delayed things by lying".

[Coastfodder]

Thankyou again for your time..

 

I have just looked through our original a paperwork that we sent to the court and it is short and sweet and to the point..

 

Freinds etc have looked through our paperwork and there view is that basically it is clear cut..They said we have stated our case well and to the point..ie used 2 sentances on something LL has used 1.5 pages of A4 to argue against..then kind of admit too..then argue..then point to clause x y z and then state fact was true!!!! This is just one point..

 

Our Stament to the court is made up of 3 pages of Bullet points...LL response takes 20 pages of A4..I kid you not..and even so the fact remained that amount owing was part of agreement and not negotiable..

 

She acted against the agreement and against HER solicitors advice..Her OWN dated paperwork proves this..

 

I think you are right though..it is just grin and bear it..

 

I just can't understand how she signed the declaration to say quotes were genuine (which says action will be taken if false evidance is provided) and has admitted as part of her evidance that they were false but the DPS are not going to do a thing..

 

Thankyou again.. CF

[Coastfodder]

Hi..

 

Just a quick update...

 

well after 3 weeks the Mediator is still waiting for LL to get back to him with a time date when she has a free hour!!!!

 

We will just add it to our evidance..

 

Have had several People go thro LL evidance.Including Legal Rep.

 

On the Basis Of LL statement there is enough evidance for a further 6!!!!!!! court actions 3 of them Criminal!!!!!..It is clear that LL has lied.

 

Its of the opinion that NO WAY would a Solicitor draw up a statement with as many contraditions and blatent breachs of the law and agreements.

 

Our Papers are on the way to the Court as we speak.

 

Sorry for quick reply.CF

[Coastfodder]

Hi everyone..

 

I thought I would update..I have been able to take advice on a few areas and this is the response that I received..

 

I thought it may be helpful to post it here.I hope that is Ok?

 

1 Can a statement be used as evidence in Court if it has not been signed?

“Under s.9 CJA the contents of a written statement will be admissible, without the witness attending court to give oral evidence, if the following conditions are satisfied:

· the statement purports to be signed by the maker;

· the statement contains a declaration by the maker that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true (known as ‘perjury declaration’);

· a copy of the statement is served on the other parties before the hearing where the statement is tendered in evidence; and

· none of the other parties object to the statement being tendered in evidence.”

So, the statement should be written and signed. A statement of truth verifying the witness statement must be signed by the witness (CPR Part 32).

2 Can a counterclaim be accepted if it is not signed?

CPR Part 20 – No. It must contain a statement of truth which must be signed.

3 Solicitor signing Court documents

A solicitor can sign a counterclaim and statement of truth as the statement of truth will say “the Defendant believes…” as opposed to “I believe…”.

However, a solicitor cannot sign a witness statement on behalf of someone. The solicitor can do a witness statement if in support of an application within the proceedings and deals with the facts within the solicitor’s knowledge or information acquired by the solicitor from documents and information in his/her possession.

4 Allegations / Admissions

Different rules will apply to further proceedings. Were the first set of proceedings actually heard by the Court or discussed. If so, then yes. If it is an appeal then you will need to rely on new evidence, but if unsigned then it will be inadmissible as there will be no statement of truth and no evidence that the statement was made by the landlady. It is better to do a notice to admit facts to try to clarify her likely response.

 

We have delivered our papers to the Court and sent papers to LL via Special Delivery but it appears LL is refusing Delivery!!!!!!

CF

Edited February 7, 2009 by Coastfodder
Spacing for ease of reading