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Greetings all -- I am now over 18 months into a dispute over a deposit that was not returned at the end of the tenancy (details/timeline below), and not protected by any of the schemes. I am now trying to respond to the recent decision of a District Judge to refuse my application for enforcement of the judgment, on the grounds that I do not have evidence that the defendent was living at the address to which the original claim was served. The letter from the court invites my reply.

 

I have composed a reply asking that the enforcement requests by reconsidered, as the address to which the Judgment papers (and claim - although there is no evidence that the papers of the original claim were not received) were sent was provided as the Landlord's address in accordance with section 48 (1) of the LLTA 1987. (I note that the AST with the address was submitted with the original claim.) Therefore, I say that service would be considered as complete according to rule 6.7 (6.5?) of the Civil Procedure Rules.

 

Is this all correct? I think I may have some of the rules/acts wrong... Does the distinction between the judgment and claim papers (the claim papers were apparently not returned) matter at all?

 

Also, I point out that as a gesture of good will, I did send the original claim to the LL's foreign address. Unfortunately, I do not have acknowledgment of this, so is it worth even pointing out (in a different paragraph than the information about whether the claim was lawfully served.)

 

Thanks in advance -- this forum has already been so helpful in getting me this far!

 

Timeline/details thus far:

 

  • January 2008 - renew AST, with deposit of £2400 rolled over from previous ASTS
  • October 2008 - we move out of property (it was an emergency move, due to health issues arising from landlord's failure to repair property after asking us to vacate for 6 weeks for the needed repairs)
  • March 2009: Following advice from CAB/soliciters, we file Part 8 claim
  • April 2009: Section 8 claim returned with request to file Section 7 claim
  • September 2009: We file Section 7 claim along with resubmission of Part 8, but Part 8 is ignored
  • November 2009: No acknowledgment of service received, and so I file a Request for Judgement (default)
  • December 2009: Receive notice that court sent judgment 30 days earlier, and that envelope was returned marked "Gone away" with foreign address provided (no such notice was sent for claim)
  • July 2010: I file Charging Order on rental property (LL owns the rental property according to the Land Registry) & 3rd Party Debt Order
  • July 2010: Requests are refused, with a note that the the claim form has not been served and that Judgment should be set aside.

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FWIW, if anyone else has had this problem with a foreign landlord - the above approach was successful. Our request to reconsider was successful and the hearing is scheduled soon. Just the 3rd party debt order; the Charging Order was denied because we didn't submit the original of the registration document. I printed it off after an Internet search and guess that wasn't good enough.

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