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A tenant is taking me to court for non protection of deposit. I was never given a deposit so I am not too worried about it, although I stupidly filed it late thinking I had. Anyway its Part 8 claim. She has left with over £5,000 of damage can I counterclaim on via this acknowledgement, it doesnt make it clear I can?

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Part 20 claims

 

8.7 Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court’s permission.

 

I dont think a part 8 should have been used in this instance.....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

 

Andy


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Thanks Andy for info, a bit more on my case below...

 

 

Ok, so I have a slightly long-winded scenario, tenant in a property for 8 yrs. All great from both sides, no rent increases from me and rent paid on time from them. Moved out and now filling for deposit not protected, via a claims company.

 

So they moved in in 2009 and only paid the rent, there was actually a contract signed showing a deposit taken and this was then to be paid later that day or week (I cant remember the exact details it was 8 yrs ago) I got a call the night of her moving in saying she couldnt afford deposit, not a good start and I did say she should leave but I called back and just said sign a new contract and we will say no deposit, thought it would be more hassle moving her and she was moving next to her best mate so thought she would be long term. So she signs new contract and sends it back.

 

Fast forward to now she sends me old contract and says where is my deposit protected? At this point I have been living out of the UK for 2 yrs didnt have access to my paperwork and just assumed she had paid deposit due to contract she sent, I literally couldnt remember, it wasnt a huge amount so I actually protected it without too much thought.

 

She then sends a letter before action, so I call her up and we agree on deposit being returned and an extra amount for a bill.

 

There are various email exchanges but this is also agreed on the email and I forward over the amount for a bill and then say the rest will be paid on leaving.

 

She then gets a no win no fee solicitor on board.

 

I look into it further on return to UK, I realise my mistake that she never did give a deposit, see my updated contract (only a scanned version, 1st one had witness this one didnt as I sent in post) look at my old bank statements and it shows just the rent going in nothing else. (she has since said she paid deposit via bank transfer and rent via cash, I dont accept cash, never have, my witness to my signature will verify that I didnt get any cash).

 

So yes I protected, late a deposit I never got. So the way I see it she will use the 1st contract and say a cash payment. My defence is no contract and no payment, plus she already accepted an offer from me.

 

We are now at the stage of court, I got an initial letter from claims co. called them up to tell them all of the above then the next thing is I get court papers. I have to file defence in 3 days, havent even seen all documents as my post hasnt come but luckily got main bits on email. Its a part 8 claim.

 

Also when she left I had to pay £5k to make the place habitabal for new tenant.....

 

To defend I was quoted inital costs of £1000 and they have no cash so no point claiming costs from them, thought I might as well settle instead of fighting.

 

I have offered the equivalent deposit back twice. see what they say but that would be less than costs to fight and expense of going to UK to court.

 

My defence, no deposit paid and a settlement reached (all be it on email) anyway. Do I have a good case? Also can I counterclaim on this procedure?

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