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Writing to the judge accelerated posession after defence was filed.tds/ data


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I would like some advice on writing to the judge after my solicitor has helped file a defence.

 

she thinks as the deposit is protected I have no defence to an accelerated posession.

 

the other side has writtten to the judge with misinformed advice sent by the DPS, they have now written to me to apologise for this and have ammended their info...

 

 

1 I never recieved the additional information to sign, this was because the landlord registered my depsoit 4 yrs after receipt and days after he withdrew his original accelerated posession 3 months ago,

 

what the landlord did then was he registered my depsoit using online using my email address i never handed over to him, in doing this he tied me to the dps contract..he used my email and the name of an ex tenant that left 6 months prior.

 

the money was deposited with the DPS , but i got no prescribed information.

 

I also contacted his solicitor regarding the service of the section 21 as the landlord had harassed my son of 7 and I for months and had an undertaking to not contact us except through solicitors and also a polic warning.. is it contempt of court to come to the door to post the letter when we are in the garden?

 

so i dont beleive he protected my deposit in the proper sense, he gained my email address through deceipt and now as i am not named as lead tenant..he knew the last tenant has left when he deposited this during periodic as he was given notice...the dps will not give me my deposit back at all and have confirmed this.

 

their solicitor has written to the judge to throw out my claim, my solicitor does not get what i think it is wrong for him to use my details to enter into a contract and is about to write to court to withdraw my defence?

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Just to clarify this.

 

Is the deposit NOW protected?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I agree, Section 215(1)(b) of the 2004 act clearly states that if the initial requirements of the scheme have not been satisfied (and they haven't - no prescribed information) then the s21 will be invalid. You would need to obtain a copy of those initial requirements to show the judge that the prescribed information formed part of it.

 

However, is it worth the hassle? - there will be a new, correct s21 on its way to you again very soon (once you've had the prescribed information sent) and so all you are doing is delaying the inevitable.

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yes i agree, this is a long horrible case and I was to move from the county, I however need to see a neurologist and a urologist i have waited months for a referal to. My delay leaving was due to a leak of carbon monoxide from the unservced boiler that i paid to have replaced. I just needed a few extra weeks as my memory has been damaged and word finding etc, the expert i need to see is in London, if i move now i need to go through another referal process with gp etc. and this person has stolen my information to lodge the deposit not even in my name. I cant get my deposit back.. thank you for the advice.

how shall i proceed, do i write to the judge direct, is it possible to mention prior related cases so the juge has an idea of what is happeneing here

 

sorry i just feel that the whole thing is stressful but i need my deposit back to help me move..

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