Help for depost back and plus 3X penalty.

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    Help for depost back and plus 3X penalty.

    I need go to small claim court for my deposit back and plus 3X penalty.
    Anyone know i just need 1 claim form for my deposit and plus 3X penalty or i need separate it to 2 clam form?
    The course fees is automatic claim back if i win the case or i need to fill in the claim form before or after the case?
    Can i use online claim service for cliam deposit back and plus 3X penalty,because
    i know the exact sum of money.
    Which form i need to fill for my claims?


    Sorry this is my first time in my life go to small claim court.

    ThanksH

    #2
    You can not get the 3x penalty in the small claims court - which, unfortunately, means that if you lose, you may be liable for your landlords legal fees etc, which could run into many hundreds of pounds. Speak to a solicitor before you consider such a risk to assess your chances of victory - to be honest, you are likely to need to appoint the solicitor as it is much more complex than 'small claims'.

    By way of background, it has recently been decided in the high court that protecting a deposit late does not attract the 3x penalty - just not protecting it at all. This means that providing the landlord protects it or returns it before your court date, he will not be ordered to pay 3x.

    HOWEVER... Claiming the deposit alone is simple in the small claims, although you would be advised to use their online service (www.moneyclaim.gov.uk) because it is cheaper.

    Have you written to the landlord to request that the deposit is returned/protected? You need to do that before starting a claim. This letter may be useful - but please read my note which go with it.

    http://www.consumeractiongroup.co.uk...ml#post2576374

    If you do go to court, there are a number of books on Amazon about the Small Claims process, get one of those and you will understand the process more and appear much more professional in front of the judge.

    Comment


      #3
      Originally posted by cholam View Post
      Can i use online claim service for cliam deposit back and plus 3X penalty
      No, you cannot use Money Claim Online. Deposit non-compliance claims must be issued on Form N208 and, as Snorkerz says, it won't be allocated to the small claims track, so it's highly inadvisable to issue such a claim without legal advice. You risk losing a lot of money on court fees (the hearing would cost £1,000) as well as potentially having to pay your landlord's legal costs if you lost.

      If you just want your deposit back, then you can use the online method, and it will be allocated to the small claims track, which has much lower court fees, and there is almost no risk of being liable for costs.

      Comment

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