Understanding a Mydeposits/ court scenario

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    Understanding a Mydeposits/ court scenario

    Greetings Chaps and Chapettes

    I am trying to understand how this mydeposits scenario would run. Their helpline is not that enlightening.

    a) T evicted with 3K of rent arrears left 2 weeks ago
    b) About £500 of damages (straightforward and well evidenced), so 3.5K in all
    c) MCOL claim pending (awaiting court date) for £700 to do with historical rent arrears (part of the 3K above)
    d) Deposit 1.5K
    e) T refuses to provide an address for service, or correspondence address for deposit assessment (though they will have to provide this to court at some point soon or lose the MCOL)

    So my questions in this scenario:

    Q1) I could withhold the entire deposit (as I have already done) and when T challenges that, inform mydeposits that the whole thing will go to court. Then put in a 2nd MCOL for the rest, and claim part of the outcome of claims from the deposit (after asking DJ to order that).

    The difficulty here is that if T never provides an address for service, although they might lose the case, the promised court procedure for the rest may not ever be enabled to take place (or might miss a deadline mydeposits apply) and then be returned by default to T. If the partial MCOL case was not there, what would happen in the general scenario where L rejects arbitration (say because arrears are greater than deposit) and T then sits it out and does not enable that court procedure to take place (by hiding an address for service for long enough, or by skipping the country).

    How does this work?

    Q2) Could I ask mydeposits to deal only with the damages part and part of the additional rent claim, and then put in a 2nd MCOL only for the residual? I am are unclear as to whether they would do this..... And how good are mydeposits at dealing with rent arrears claims where T argues that rent is different from what it is (they already lost their argument in the possession hearing which relied on the same bit of tosh). AST includes rent arrears as part of deposit deduction.

    T drives a new Mercedes, and is I think likely to remain UK based.

    What is the best way to deal with this. I want to get all debt paid as a matter of principle, and do not want deposit returned in the interim.

    #2
    I have never used MyDepsosits but seems your main worry is address for service. It has been written on here before that you can use old address if he has recently departed - he has from what you write so you could use that. I have done this myself and still proceeded to a defended county court case from a MCOL application.
    He may have his mail on divert to a new address.

    Alternatively you could wait a few weeks and get a tracer to find him like Findermonkey - it is hard not to leave a paper trail when moving.

    Personally I would forget the deposit taker and go for court action knowing he will release the deposit if you are successful. Refuse ADR. (I am a bit biased at present as just have 2 claims in with DPS and I am being fleeced.
    I will be doing the custodial scheme next time.)
    Does he own the Mercedes or is it on finance?

    I'm sure others will have differing ideas on you scenario.



    Freedom at the point of zero............

    Comment


      #3
      I kind of agree with Interlaken. I would leave MyDeposits out of it and do the whole thing through court. I would also look at amending the existing court claim to streamline the process and avoid the need for a new address at this point. Two weeks from departure is a little early for a tracer, but I would trace them and let the court know about 3/4 weeks from now - this prevents any application from the tenant to have the judgement set-aside.

      https://www.justice.gov.uk/courts/no...sked-questions

      I’ve made an error on the claim I have submitted – can I edit it before it is served?

      No. If it is a typographical error, then the Court may be able to amend this without a fee. For any other amendments, e.g. the Defendant’s name, the claim amount, etc, you will usually have to apply to a District Judge for permission to amend the claim. There is a fee payable for applications, see Civil and family court fees. The District Judge will consider your application but the outcome is not guaranteed. Court staff can only advise about the procedural aspects of amending a claim - seek legal advice if you need any advice about the details of your claim. In order to make the application you will need to complete an N244 form. You may also need to reserve the claim, using an N1CPC claim form, which should be completed exactly as the original claim form, and then amended in red ink to show the changes.
      The above says you can't do it, then tells you exactly how to! It shows the process for an 'error' but a general change is achieved in the same manner. You would perhaps say that you want to amend the claim because additional debt has been incurred and this would save the courts time and resources as required by CPR rule 1.

      Comment


        #4
        I've seen that process, but don't see how it works with an online claim.
        Do you wait until its been allocated to an actual court?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          TBH, my court claims have always been N1's, but I don't see why it can't be sent to Northampton, the sooner the courts know, the better they can plan. I have done the process 2 or 3 times and never had any problems, I've merged claims, added defendants, changed the claim amounts - all sorts.

          Comment

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