Three month AST- have I been illegally evicted?

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    #16
    All the info i have recieved regarding the DPS is this few lines from her.

    Your deposit is now being held by the protection provider DPS, DPS ID 115**661 (you can access your tenancy details using this ID). Please accept my apologies for my ignorance with the scheme, I can assure you I deposited your money as soon as you made aware of the mistake I regretfully made.
    She claims to have sent "the real info" to an email addy of mine that has been dead for many many months

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      #17
      Originally posted by unclehairy View Post
      All the info i have recieved regarding the DPS is this few lines from her.

      Your deposit is now being held by the protection provider DPS, DPS ID 115**661 (you can access your tenancy details using this ID). Please accept my apologies for my ignorance with the scheme, I can assure you I deposited your money as soon as you made aware of the mistake I regretfully made.
      She claims to have sent "the real info" to an email addy of mine that has been dead for many many months
      Then it appears that your claim for failure to comply with deposit protection is not "null" as advised, as the LL has failed to provide you with the prescribed information as per s.213(6)(a) of the Housing Act 2004 - see also s.214(1)(a) - (although LL can, of course, provide the info late as well - it'll be down to the particular judge you get as to whether this will succeed as a defence; cases can go either way depending on the judge's interpretation of the statute).

      How did the LL send the above note if not by email? And when did she claim to have sent "the real info"? What stage is your claim at - have you had the LL's defence yet, has the claim been allocated to a track?

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        #18
        How did the LL send the above note if not by email? And when did she claim to have sent "the real info"? What stage is your claim at - have you had the LL's defence yet, has the claim been allocated to a track?
        I havnt started any procceedings yet. Each time i get advice it seems to conflict with advice previously recieved.

        She sent me an email to my yahoo account telling me she has sent me DPS correspondace to my old hotmail acct. All very strange.

        The womans a fruit loop. When we took the tenacy she was asking us to agree to say that she was still living in the house in the spare room.

        She didnt change the council tax to our name until we complained that we were recieving court summons in her name to our house.

        Right now.. we are waiting for a cheque in the post from "someone"... for an amount that she has just made up on the day.

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          #19
          Originally posted by unclehairy View Post
          I havnt started any procceedings yet. Each time i get advice it seems to conflict with advice previously recieved.
          Ah, you gave the impression you'd already started a claim and had taken legal advice. I wrongly assumed you were aware of the possible cost consequences. LL is technically liable for the penalty if she cannot prove she sent the prescribed info, but you should read this first:
          http://painsmith.wordpress.com/2009/...or-tds-claims/
          IANAL but personally I wouldn't start a claim when the deposit is already protected - have you actually verified that it is with the DPS?

          She didnt change the council tax to our name until we complained that we were recieving court summons in her name to our house.
          It's your responsibility to inform the council that you are in occupation and liable (or exempt) for council tax.

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            #20
            See if you can get some free legal advice about this from a Law Centre or introductory solicitor interview. If you have limited means you may be entitled to legal aid.

            If not..

            My advice would be to look at what you possibly can claim off her for not protecting the deposit, illegal eviction etc and then write to her with a letter headed 'without prejudice' ; tell her what you think you are entitled to claim against her though the court and them ask her for half of that if she settles now. If you dont hear back within X days you will take legal action etc
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

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              #21
              Now the deposit is protected I wouldn't bother wasting your time or money trying to claim the 3x deposit.I would however open up a dispute with the deposit scheme and write to your LL telling them that is what you are doing, pointing out the ilegal eviction , lack of inventory etc and demanding your deposit be returned immediately and in full, you could however just throw in that you could take her to court for not protecting your deposit and make her aware of the possible penalties.

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                #22
                A year has passed and this situation got even more bizarre.

                After much shouting my former LL decided to take ME to court, to claim my deposit as hers. Its slightly absurd as she already held the deposit...

                She wanted 20 pounds for bank fees
                120 for a skip
                160 for a locksmith
                60 for carpet cleaning.

                The judge would NOT award her the

                20 pounds for bank fees... as she provided no evidence
                120 pounds for a skip... as he determined she had hired it for use of her builder, not for my household rubbish.
                160 pounds for locksmith... AS HE HAD DETERMINED I WAS THE LEGAL TENANT AND STILL HAD REASON TO ENJOY THE USE OF MY HOME

                But then is a strange turn..

                He awarded her 60 pounds for carpet cleaning and 75 pounds for her fees?????


                MY first point is obvious.. If the judge agrees that im the legal tenant... then her actions amount to a illegal eviction. Hence.. her claim for carpet cleaning is invalid.

                Now my second.. I have just recieved a letter from the court instructing me to pay her money by 21st dec. BUt she is the one holding the deposit.. not me. Its absurd... im being mugged twice. And there is no appeal system with small claims courts....

                What am i to do???

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                  #23
                  Originally posted by unclehairy View Post
                  160 pounds for locksmith... AS HE HAD DETERMINED I WAS THE LEGAL TENANT AND STILL HAD REASON TO ENJOY THE USE OF MY HOME

                  But then is a strange turn..

                  He awarded her 60 pounds for carpet cleaning and 75 pounds for her fees?????


                  MY first point is obvious.. If the judge agrees that im the legal tenant... then her actions amount to a illegal eviction. Hence.. her claim for carpet cleaning is invalid.
                  No, I think what the judge is saying is that LL had no claim for the locksmith because the locks were changed within your notice period - when you were still the legal tenant. It doesn't follow that he viewed this as illegal eviction, presumably because you gave notice and moved out voluntarily before this happened.

                  Now my second.. I have just recieved a letter from the court instructing me to pay her money by 21st dec. BUt she is the one holding the deposit.. not me. Its absurd... im being mugged twice.
                  Did you counterclaim for return of the deposit? If not, that would explain it, because the court can't award money which isn't claimed.

                  And there is no appeal system with small claims courts....
                  ?
                  The small claims track is one of three tracks in the county court system. You *can* appeal the decision but you'd have to have obtained permission from the judge at the hearing or you must get permission from a circuit judge. You'll need to complete form N161 within 14 days of the decision, and also lodge a notice of appeal.

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                    #24
                    So what will happen if ignore the courts instructions, based on the fact that she already has my money?

                    What will happen when this woman tries to get an enforcement order? Becuase she is that bonkers that she prolly will.

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                      #25
                      Please answer my question: Did you counterclaim for return of the deposit?

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                        #26
                        Sorry westminster.

                        No.. i just turned up and shouted and waved my finger.

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                          #27
                          Seriously, that's what I did.

                          But isnt the onus on her now to deduct what the judge allowed and to return my deposit?

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                            #28
                            Originally posted by unclehairy View Post
                            Seriously, that's what I did.

                            But isnt the onus on her now to deduct what the judge allowed and to return my deposit?
                            It was a big mistake not to counterclaim.

                            If you had counterclaimed for return of the deposit, then firstly it would have been the LL who was ordered to pay you (the deposit less the £60 cost of carpet cleaning), and you wouldn't have had to pay her court fees.

                            As it is, because you didn't counterclaim, the court presumably had no idea that the LL held your deposit, so in the eyes of the court you owe £135 to the LL, and she owes you nothing.

                            You must pay the court order to LL ASAP and obtain a 'certificate of satisfaction'. Otherwise, the LL will be entitled to take enforcement action, and the CCJ will adversely affect your credit record.

                            When you've done that, you will need to start a claim against the LL for return of the deposit (I don't suppose it's still sitting in the DPS's account, is it? - anything seems possible given that you relied on shouting and finger waving as a defence...)

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                              #29
                              The court absolutely knows that my LL holds the deposit. I made it perfectly clear to everyone in the room that my LL was trying to claim money that she already held. The DPS ref number was quoted on several occasions. I did submit a defence.. and throughout it I was clear that my LL holds this money and outlined my reasons as to why she was not entitled to it.
                              When it was my time to ask questions the first thing i said was "Ms **, You are still holding my deposit arnt you. The money is in your possession isnt it" to which she replyed "yes.. it is"
                              "so why are you taking me to court over money that you already have if it is not out of spite"!

                              Thanks for your time westminster.. Im no legal expert. I dont want to be.

                              I walked out of that court feeling like I had won, My LL ran ahead of me and burst into tears as she dived into the ladies. She felt she had lost...

                              Its all bonkers.......

                              Comment


                                #30
                                Originally posted by unclehairy View Post
                                I did submit a defence.. and throughout it I was clear that my LL holds this money and outlined my reasons as to why she was not entitled to it.
                                When it was my time to ask questions the first thing i said was "Ms **, You are still holding my deposit arnt you. The money is in your possession isnt it" to which she replyed "yes.. it is"
                                All pointless if you didn't actually submit a counterclaim for the deposit. As I have said already, the court cannot award money which hasn't been formally claimed, regardless of what you say at the hearing.

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