Jump to content

 

BankFodder BankFodder


Bright

Problems with refund of deposit

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1478 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Started new thread without asking ... deleted

 

 

  1. -

    Interesting, is this perhaps becoming a trend on the dodgy landlord circuit?

     

    Without disclosing all detail

     

    No the deposit wasn't protected, in fact we just walked away happy to never hear from the landlord again, until that is, we got contact demanding MORE money and a ludicrous accusation also threatening to destroy our current tenancy if he didnt get the money within 7 days. Very much blackmail, out of the blue, and even well over a month after we moved out.

     

    and so, we wrote another, far more formal letter regarding the deposit, a notice before court action, the same as everyone has told you to here.

     

    Before court action, he beat us to it and made a claim for nearly 2k against us, accounting to withhold the deposit. The amount is much more than the original demand, and includes allsorts not even tenant responsible, things he already knew about as issues with the house etc etc. He has even added things as he goes along.

     

    So I went ahead with the legitimate claim for not protecting the deposit, which was then "partial admitted", given the deposit back, but not the extra 3x OR any of the court filing fee I am entitled to. It is proceeding as a defended claim, even though the defence was "its not fair", and " I didnt know I had to" which is blatant rubbish since had protected our deposit before for the very same property on our previous tenancy. Yes, unusually, we lived there before, moved elsewhere because had had enough of the issues with the house, and stupidly moved BACK!

     

    This is the part that is UNHEARD of,... that the LANDLORDS claim is still being allowed to continue even though its not unlawful, but baseless!, 2 claims and a counter claim all at once, and the court obviously hasnt even looked at it, allowing it all to stretch out.

    If anyone can help me get a summary judgment made without costing ANOTHER £155 on TOP of the near £300 its all already cost me and get his stupid claim thrown out, give me a shout!


Edited by Bright

Share this post


Link to post
Share on other sites

It is not a 'baseless claim, until Court decides it is, LL is entitled to his 'day in Court'. A Summary Judgement in your favour should be made if you turn up for hearing and LL does not, at no additional cost you. Patience is a virtue.

Share this post


Link to post
Share on other sites

Started new thread without asking ... deleted

 

Yeah, I get that. Another issue in this is Its against 2 of us, a couple with a child and 300 miles between us. First the LL requested it to be to HIS home court, THEN, the court is asking if I'm ok with it going to LL's choice of less than mid way court. Thats one battle right there, where the court, is working on claimant side. Another, is that on LL's suggestion, that because I have medical issues, that "I" dont go, so the court has omitted me from communications. What ever way, its all designed to cost us the maximum amount of money. Surely if the claim isnt legal, it shouldnt be having a hearing in the first place. There is NO option of no additional cost here.

 

Justice my backside is my view right now, and I know youre trying to help, but it isnt helping am afraid.

 

So is the DPS, and the entirety of Housing act 2004 is completely worthless?

Edited by Bright

Share this post


Link to post
Share on other sites

Hello Bright.

 

I've started a new thread for you as you posted on one that dates back to 2010. Please continue to post on this thread. :)

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

If this is the LLs claim against you, then the claim should automatically be transferred to your local court ?

 

You should let the court know that you have every intention of attending the hearing, and even if you weren't, you should still be entitled to all communications. Ask the court to provide you with copies of everything they have received.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
If this is the LLs claim against you, then the claim should automatically be transferred to your local court ?

 

You should let the court know that you have every intention of attending the hearing, and even if you weren't, you should still be entitled to all communications. Ask the court to provide you with copies of everything they have received.

 

EXACTLY, but its all been ignored, I am at the point of quoting Practice Direction to them!

Share this post


Link to post
Share on other sites

If you win then you will get your costs reimbursed so travel costs will e reimbursed.If you lose you pay LL travel costs so all in all it doesnt matter where the hearing is. If you ahve to stop overnight then those costs go on the tab as well.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...