help to enforce court judgment

[rennai]

Hi all,

 

Made small claims againt leasing agent, summons already sent.

 

Agent's solicitor wrote saying that I am suing the wrong person and that his client will make a claim against me for taking action against the wrong person.

 

Has anyone been in similar situation? Advice please, especially from legal perspective as solicitor is involved now.

 

Thanks

[citizenB]

Have flagged your query for site team attention.

[rebel11]

Thread moved.

 

What actual loss would this person have suffered? None.

If it is the wrong person, all you need to do is send an unreserved apology,

explaining why and how the mistake happened, send it Recorded.

That in theory should be an end to the matter. You would have to raise

a fresh claim against the right person.

 

Wait for other CAGGERS to comment before taking the above action.

 

I've changed sermon for summons for you.

 

Theres a sentence here:- http://www.tradingstandards.gov.uk/kent/factsheets/FS4NEW%20nov07%20smallclaimscourt.pdf

[MARTIN3030]

When you say leasing Agent,what is this concerning-is it for products or property as its not clear ?

 

Secondly,were there any pre action protocols here-did you send correspondence before issuing the claim,or else advise that you would be doing so and if you did how was this done and did they reply ?

 

When was the claim issued and how did you file it-is this local Court or Moneyclaim online ?

 

Can you give the issue date-which should be on the claim form.

 

I think it would be an idea if you can give some detailed info about the background of these issues,so that further help can be given.

 

If it is the case that it is conclusive that you have filed against the wrong claimant,then you should look to be issuing discontinuence ASAP and pref before the 14 day ack for the defendant.

It is likely that they will be wanting their costs,so it is important to try and limit these by acting swiftly.

We really need to be knowing more.

There is a possibility that you would have to seek Courts permission to issue a further claim if the Solicitors cite that this is vexatious.

Can you say if the Solicitor has indicated how they consider you should proceed from here ?

[rennai]

Hi, thanks for your comments and/or advice so far. I'm new here, so please bear with me for any mistakes made..@ Rebel11 may I know why thread was moved?

 

@ Martin3030:

detail answer to your questions:

 

it is deposit of 500 pounds I paid for renting my former flat, which is being withheld by agent/landlord due to repair cost of damages on property decorations caused by condensation, i.e. according to the agent. They said I caused it because I didn't ventilate the flat as supposed and instructed.

 

I disputed this and made several requests for return of my deposit via letters.

 

I went to my local court and small claim was issued 28th June 11, return date 27th July 11 and hearing date 4th Aug 11.

 

I have never met the landlord before but have dealth with agent all thru tenancy period; such as paying rents, repairs, complaints, etc.

 

Lease/tenancy agreement was signed by agent (and agent named landlords/landlord's agent in the first 2 pages) but, has landlord's name and address in subsequent pages.

 

Agent's solicitor wrote saying I'm suing the wrong person, and that if I withdraw/dismiss this action against his client and also do not make fresh claim against the actual landlord, that his client would be willing to forfeit any claim they wish to make against me for suing the wrong? And that if I go ahead with this case it would only cost me considerable time and expenses.

 

I hope this detail enough, but feel free to ask further questions that may help you offer legal advise.

 

Cheers

[rebel11]

Hi rennai

 

The person you are suing at the moment, what made you think that they were the landlord?

 

You should use the following site to track down the landlord, then move matters forward from there.

 

https://www.landregistry.gov.uk/wps/portal/Property_Search

[rennai]

Hi Martin3030 & others,

 

please see attached solicitor's letter (2 pages) and my own response (3 pages). After my letter which I sent recorded, solicitor replied court summons indicating that he wishes to state a defence and wishes to appear in court. I am thinking of sending amendment or incidental application to court next monday to amend the claim I raisedly, please I need your advices urgently, CAB has not responded to me and I don't have money to engage a solicitor like this rich property leasing company?

[rennai]

the solicitors letter pages 1 & 2 attached here again due to clarity problem!

[rennai]

my reply (below) to solicitor, no response received yet?

 

 

May I, with all due respect clarify on issues raised in yourletter dated 28/06/11, among others.

I raised the Small Claims against defenders which by my definitionincludes the landlord and agent (your client) by implication. This is evidentin my statement of claims which mentioned both landlord and agent. To the bestof my knowledge, I included your client in the claims due to their involvement, role played and the factthat their name and address are printed as landlord(s) in Form AT5 (copyattached) notice served on me at start of tenancy.

In addition, I have never met nor spoken to the landlord before,rather I dealt with your client all through the tenancy period; I paid rent,deposit and others fees; signed lease, inventory, etc with them. More so, yourclient acted as landlord(s) when they sent Sheriff Officer from Scott & Coafter me, and said Officer rang me and visited my flat on 28/01/11.

However, I have no qualms if either your client or landlordanswers raised claim. Because, I strongly believe the actions of your clientwere just executions of agreement reached with the landlord. In view of this fact,it is reasonable that any of the ‘defenders’ can assume responsibility foractions being taken against them.

Nevertheless, I am very sorry that your client is not happy thatthey are not exonerated; please convey my sincere apologies to them. I am quiteignorant of the procedure. But, I am willing to apply to the court foramendment without delay if you could please confirm the current and detailaddress of the landlord (with postcode), and a note indicating that the landlordnow has the deposit I paid? I do not have complete address of the landlord, soI would be obliged if you could send this information to me preferably viae-mail or text message to beat postal delay.

Without prejudice to the landlord, his action on this matterleaves much to be desired. I am also very surprise that he is disputingdocumented facts.

May I reiterate that I heated and ventilated the flat as expected.Nonetheless, your client, who is an authority in property management withdecades of experience; stated in an unequivocal terms that my efforts to abatecondensation by way of ventilation cannot prevent it from occuring! Thisstatement might likely be the reason why your client refused to installxpelair/extractor fan specifically designed for ventilation, air conditioningand damp control in living apartments.

Addendum:

Firstly, I am not happy that:

· I foot the bill of £29.38 for inventory re-check alone, this isnot normally charged to out-going tenant(s) and, in rare cases it is shared?

· I was charged £263.01 for two weeks rent instead £250 pounds;given that I normally pay £500 pounds per month.

· I had to pay professional cleaners to clean the flat before Imoved in? This is on record.

Secondly, your client breached the tenancy agreement and floutedour Right to Respect for Private and Family Life, Article 8 of Human Rights Act1998; by entering into our rented house with his own keys without any form of notice,pre-arrangement or permission from us. This is a document fact because I made aformal complain. Please ask your client for copies of these complaints, my lastletter noting this is dated 14/11/10.

Thirdly, I gathered from reliable source that the property inquestion has been uninhabitable for months now because, it was flooded due toceiling decay among other structural damages that cannot be caused bycondensation that occurred within about 9 months tenancy. This is a majorstructural defect specified as repairs to be carried out by landlord in thelease but, was denied severally whilst I was occupying the flat.

This further casts doubt if your client/landlord indeed carriedout the repair they gave as reason for seizing my deposit? I hereby use thismedium to formally request for a copy of the completion certificate of proposedrepair work done by Grampian Property Care Ltd.

Finally, may I stop by indicating that I am very much open tonegotiation if your client and/or landlord wish(es) to return my hard-earnedmoney?

Yours faithfully,

Edited July 24, 2011 by rennai

[rennai]

solicitor's letter pg 1 & 2

[rennai]

defenders reply to court by her agent

[rennai]

solicitor response to court

[citizenB]

Are you in Scotland ? If so, I think there is a different procedure. Please let us know and we can amend your thread title to obtain advice from the Scottish peeps on CAG

[rennai]

Are you in Scotland ? If so, I think there is a different procedure. Please let us know and we can amend your thread title to obtain advice from the Scottish peeps on CAG

 

@ Citizen B,

 

Yes, I'm in Scotland. Please I'm going head to head against a consultant solicitor so I need advise, thoughts, ideas, hints, tips, ASAP. Any help will be highly appreciated. Thanks in anticipation guys.

[citizenB]

Ok, have amended your thread to reflect that you are in Scotland and subject to that jurisdiction. Will alert site team

[IdaInFife]

can help with scottish process but know nowt about tenancy agreements

 

i'll have a scout about

[gerson]

Hi,

 

Have a look through the Govan Law Centre website - it might help

 

I found some useful information there a while ago regarding scottish tennancy laws

 

G

[bluedogx]

I have asked a specialist to look at your thread. It's a very complicated area.

 

B

[rennai]

Hi,

 

Have a look through the Govan Law Centre website - it might help

 

I found some useful information there a while ago regarding scottish tennancy laws

 

G

 

Thanks gerson

[rennai]

I have asked a specialist to look at your thread. It's a very complicated area.

 

B

 

many thanks Bluedogx

[bluedogx]

Hi

 

Sorry but I don't think the specialist will get a chance to reply in the next few days. Have you tried shelter or govan law centre if in Glasgow area?

[rennai]

Hi

 

Sorry but I don't think the specialist will get a chance to reply in the next few days. Have you tried shelter or govan law centre if in Glasgow area?

 

thanks bluedogx, rebel and citizenB.

 

Called govan law centre but, they couldn't help because I don't live in glasgow area. However, govan website was really good....I'll now add premium charges I paid out to agents to the total amount I am claiming to recover from defenders.

 

I'll try shelter? Don't know if they deal with unreturned deposit.

[rennai]

Hi,

 

Have a look through the Govan Law Centre website - it might help

 

I found some useful information there a while ago regarding scottish tennancy laws

 

G

 

 

thanks gerson...really good website indeed, made my day.

[rennai]

Hi

 

Sorry but I don't think the specialist will get a chance to reply in the next few days. Have you tried shelter or govan law centre if in Glasgow area?

 

 

Specialists and other members in the forum, could you please reply me ASAP on these?....I am planning of to raise fresh claims against the landlord asap. The one I raised against agent had been dismissed with expenses against me for raising against the wrong person.

 

I live in Scotland and need advise on the following:

 

1. Can I claim compensation for damages to personal belongings caused by condensation? Solicitor to agent said I can't because I don't have property insurance, please what isdoes the law said concerning this??

 

2. Can I claim compensation for breach of tenancy agreement/lease and for violation of our human rights.....because landlord visited property in our absence without notice?ca

 

3. can I claim for refund of inventory recheck fees paid, although this is in the lease?

 

Many thanks for your help.

[rennai]

Hi All,

 

I've got small claims judgement (extract for payment) for owed rent deposit from a Scottish court awarded in my favour againt my ex landlord who lives in England.

 

I also recently move to England. The trouble is said ex landlord doesn't care to pay despite several letters and a phone call. The court that handled the case said that I need to engage a solicitor to put in an affidavit on me behalf so that they can issue certificate of money provision which I could use to enforce the judgement in England.

 

My question is: can I not do this affidavit by myself given that money involved is less than £300 and I'm presently facing financial crisis?

 

Many thanks for any advice given.