Advice regarding TDS and Part 8 N208 forum

[limbosongs]

Hi All

 

My friend and I rented a property for 14 months from August 2008. Our deposit was never protected and we are being charged a large amount for cleaning costs which we wish to dispute. However, we have no option via TDS.

 

I have written a LBA asking them to pay back the inital deposit within 7 days or we would go to the county court. This was never done, so are starting the process.

 

On the lease there is my name, my friends name and the agent. My problem is that I will be out of the country. Can my friend make the claim for the whole amount of the deposit? Or if not, do we have to make two seperate claims?

 

Thanks for the help.

 

Regards

[limbosongs]

Hi

 

I have since found out that I put the two of us on the N208 form.

 

If I can not make the court date, as I expect to be out of the country, what do I do in that instance.

 

Regards

[limbosongs]

Hi

 

We have received partial return of our deposit, as we are short on money we need to cash this in. How is this going to affect our claim? We were claiming for full deposit + compensation.

 

Please can someone advise?

 

Thanks

[Guest Amberloz]

If I was you I wouldnt cash this cheque as it might show that you accept this as your full deposit and when you go to court the landlord can turn round and say that you accepted this as you cashed it.

 

I would wait for someone like Steve_M to come along and have a look for you.

[limbosongs]

Unfortunately its a bit late for that, my other former housemate has already cashed the cheque.

 

Cheers for the reply.

[limbosongs]

We have managed to go to the bank and get the cheques back so they havent been processed!

 

Should I notify the courts that they have sent a partial refund? Also, should I send a letter back to tell them that we cant accept the deposit?

 

Cheers

[Guest Amberloz]

I would write to the agent thanking them for the cheque that you received and give them 7 days to pay the outstanding money that you have requested. I would also say that you wont be cashing the cheque until you have received the rest of the outstanding money.

 

Also did they give you a chance to clean the property? or give you copies of the quotes that they had done as they are ment to do this as well.

Also have you had your court date yet?

[limbosongs]

Thanks for the reply.

 

I havent had the court date yet, we submitted papers 2 weeks ago. We have a case number but they havent sent out the docs to the defendants yet.

 

As i have commenced CC procedings, I assume in my letter back to the agency i should ask for the full amount, including the 3x compensation?

 

We repeatedly asked for quotes and invoices, none ever came though.

[limbosongs]

We have been asked by the district judge to move this to an N1 form. Should I question them with this:

 

http://www.hmcourts-service.gov.uk/docs/infoabout/housing/section-214-application.pdf

 

 

or just do what they say?

[wisden123]

Ideally you should have put this on the N208 claim form to start with. Part 8 of the Civil Procedure Rules makes it clear that you must state that it is applicable to the case. The argument one could make is that 'Part 8 of the Civil Procedure Rules (hereinafter, 'the CPR) applies to this claim as it is one that involves a 'decision on a question which is unlikely to involve a substanial dispute of fact', per Part 8.1(2)(a) CPR. Further, HMCS have issued guidance (http://www.hmcourts-service.gov.uk/docs/infoabout/housing/section-214-application.pdf) state that claims of this nature are to be started under Part 8 of the CPR'. At least that's what I put on our form.

 

However, if it's an N1 form it's likely your claim will be allocated to small or fast (as opposed to multi-track), which I believe means, even if you lose, you wouldn't be liable for costs. So I personally wouldn't be objecting too vociferously.

Edited December 17, 2009 by wisden123

[limbosongs]

Hi All

 

Things are progressing really slowly for us, and we have now been sent a Allocation Questionaire. Does this usually happen, and anyone have any advice on how to fill it in correctly. We were asked to move to N1.

 

Regards