Deposit Not Protected - Going To Court

[Rufio1]

Hi all,

 

I am about to go to court to get back the last part of my deposit from my previous landlord. Moreover he did not protect it!

 

These are few clarifications I need before proceeding:

 

- As the claim will be about getting back the outstanding part + deposit not protected, MCOL said the online claim is not appropriate in this instance. It is true?

 

- In my case is the N 208 the best form? Shelter says it is. I read that most of county courts accept N 1. As I am claiming firstly the outstanding part of the deposit, is the N 1 the appropriate one?

 

- The law says there is the possibility to have up to 3 times the amount of the deposit if it is proved that the landlord has not protected the deposit using a valid TDP. What amount I should claim? £ 3,000 each anyway? The fact that we are waiting for the last part of the deposit (£ 270 only) can be an issue?

 

Thanks!!

[AndyOrch]

Welcome to CAG Rufio1

 

Thread moved to the appropriate forum.

 

Regards

 

Andy

[numbers666]

http://www.consumeractiongroup.co.uk/forum/showthread.php?375329-LL-Failed-to-Inform-Tenants-of-Sale-**WON**

 

I was lucky the claim was not defended. Filed as small claims track - bulk center.

 

Judgement not setting precedent as lower court.

 

Good advice in here on multi track costs etc.

 

I DID win, but I pushed my luck.

 

N

[Rufio1]

 

I was lucky the claim was not defended. Filed as small claims track - bulk center.

 

Judgement not setting precedent as lower court.

 

Good advice in here on multi track costs etc.

 

I DID win, but I pushed my luck.

 

N

 

 

 

 

WELL DONE! And thanks for you interest.

 

 

Did you use N1 form? Or N208?

 

 

Cheers

[numbers666]

WELL DONE! And thanks for you interest.

 

 

Did you use N1 form? Or N208?

 

 

Cheers

 

N1 - standard form

[Rufio1]

N1 - standard form

 

As the laws says that the LL can be fined between 1 and 3 times the deposit, how much did you claim in the N 1?

Thanks

[raydetinu]

What you need to do as part of you case for claiming deposit back, is state that it was not protected.

The judge may well consider it and award on that as well.

Usually deposit protection is done under multi track in the court and your initial fees will be lot higher.

It is up to the judge what is awarded for non protection, so cant claim any fixed amount.

[Rufio1]

What you need to do as part of you case for claiming deposit back, is state that it was not protected.

The judge may well consider it and award on that as well.

Usually deposit protection is done under multi track in the court and your initial fees will be lot higher.

It is up to the judge what is awarded for non protection, so cant claim any fixed amount.

 

 

 

Thanks for the suggestion.

I am having troubles filling the form because I am claiming only the outstanding balance of the deposit (around 30%). Moreover the deposit is not protected.

Shouldn't I claim any money value anyway?

[raydetinu]

I don't think they will let you as it has to multi track for that sort of claim.

You can certainly mention it, but this is where it gets subjective, some judges will rule on it in small claims track some wont, as it is a point of law not damages or costs.

[Rufio1]

I don't think they will let you as it has to multi track for that sort of claim.

You can certainly mention it, but this is where it gets subjective, some judges will rule on it in small claims track some wont, as it is a point of law not damages or costs.

 

 

 

Did you go to court because of deposit not protected?

[raydetinu]

I have not gone to court, just kept an eye on the rulings.