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laprice26

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  1. Hi There, sorry to pip in. . . I also successfully sued my ex LL for 3 x deposit in November 2009. I used the N208 (I think that's what it is?!) not the N1 and certainly not the online one. I didn't use the online form BASED SOLELY ON THE FACT that if you read all the sticky posts at the beginning of all these, there is a tempate to use with all the legal jargon that you should put into your form. There wasn't enough space on the online form to fit the legal jargon in. I'd say it is important to stick to the advice of these people on this forum - esp Planner - I did everything that was suggested on the sticky notes, and successfully sued - starting with the N208. Once I'd started legal proceedings, my LL posted a cheque for the full deposit. I simply didn't cash it, and took to court with me to prove I hadn't cashed it.... Anyway, sorry to pip in but just thought that may help you with the forms! x
  2. Hi There I have kept a copy of all emails, however they keep phoning me. I just really don't want someone rocking up at my door! If they can prove I owe it, I'll pay it not a problem. Also, am I right in thinking that after 6 years they can't then chase the debt? As March 2010 will be 6 yrs since I closed the account? Thank you!
  3. Hi There, I recently had a letter from Capquest drop through my door, saying that I owe £71.00 to barclaycard. This is from March 2004. I know I took a loan out with egg and paid the full balance off with barclaycard... Anyway, I called them and explained this, and requested that they send me a statement of where and when this was run up, as I don't believe I am responsible for it. They replied saying that I will need to pay £10.00 in order to receive the statements. I emailed them back , saying that I am not happy to pay £10.00 for these statements as it is up to them to prove I owe the money from 5 years ago as I only keep statements for 3 years. Today I received a snotty phone call saying that if I don't pay the full amount or the £10.00 then they will send someone around. I'm at a loss as what to do! Can they send me them free of charge? Any help would be greatly appreciated Thank you!
  4. Hello, sorry to butt in, I just thought since I was in pretty much the exact same position, I'd just add my experience if you've not seen already. A week before I went to court, (LL had been ignoring my emails, asking for which scheme used even though I had proof none were used etc) the LL sent me a cheque for the deposit back in the post. There was no letter, nothing bar the cheque. I merely didn't cash it, nor acknowledge this with the LL. Therefore when I went to court, the Judge asked me why i hadn't accepted it, and I explained then that I was £150 down in court fees, so wasn't willing to accept. It's a tricky one, however I just ignored the cheque, and took it to court with me. My argument was if they didn't return it in the 1st instance when they should have done, I didn't see why I should settle for it back when they are panicking because they have broke the law. Also, I had tried several times to point out they had broke the law and would simply accept my deposit back - again ignored. So I felt they only deserved so many chances, which sadly for them, had ran out by the time I mustered the courage to go to Court! Very tricky! Good luck x
  5. Hello All, thought I would update you! I had a directions hearing today and the judge awarded me my deposit back, + 3 x deposit, + court fee & interest. To summise (although my previous posts will expain it in full); moved into property Late April 2007, moved out May 2009. LL promised to return full deposit after inspecting property before I moved out - verbal agreement then made deductions for "betterment" and refused to give bond back ignored all my emails requesting details for which scheme used. Contacted all 3 TDS' and received evidence that one had not been used. submitted N208 form claiming for deposit back, 3 x penalty, and interest. After they had been notified of the court date, LL & his wife sent me a cheque for the deposit back. Obviously I did not cash this as I was still down my £150 court fee! So, had the court hearing this morning, and they didn't show up. They called the court yesterday to say they "couldn't get the time off work" and that "they had sent back the cheque" so considered it dealt with. Judge wasn't too impressed and promptly awarded me the money! I want to thank everyone who has helped me, I believe Devilwearsprimark and kentishlass were particularly helpful, and it really helped my case submitting the previous cases where it had gone in the Tenants favour, as the Judge had those pages open in front of him at the hearing. If anyone would like any more details please don't hesitate to ask. Thank you! xx
  6. Thought I'd give an update - I have been given a date for the Directions Hearing; 5th November. I received a "letter" today from my Landlord, comprising of a cheque for my Bond money back. No note or anything else, just the cheque. I have decided not to cash it or to contact them either, I shall simply take it to court with me. I think that considering I am currently £150.00 down from my court fees, I shall go to the Directions hearing. Hopefully this won't go against me!
  7. I don't think suing this man is particularly fair I'm afraid! If he is owed 3K, he could be in the same position as you - in that he can't afford to NOT have it. He is clearly threatening to go to the papers etc out of sheer desperation. I don't agree with suing people just for the sake of it, I agree with suing people when they are in the wrong, sorry. I know this man is causing you worry, however if boot was on the other foot I'm sure you'd be the same. So. . . What I would suggest is sending him a letter (recorded delivery) or an email so you can keep a log of it, with a SENSIBLE payment plan that you CAN afford. Go through your finances and it's important you work out something you will 100% stick with. Offer to send up a standing order as this suggests that you are genuine. Grovel in this letter explaining that you know you were in the wrong and you are dedicated now to paying him back. That way, if it does get to court for whatever reason, then you can show that you have tried to sort out a legitimate payment plan. Even if he does take you to court and he wins, the court will then only sort out some sort of payment plan in any case, but presumably you would front the costs for this, so I'd do this letter first and foremost. Wish you luck x
  8. Hello! Well I suppose maybe it's a good thing the Judge was abrupt with the Defendant?? I've got a "directions" hearing for the 5th November, and the Court are still adament that they have not been served the papers. When I asked how will they know what they are attending for then? The courts said "well they'll have to phone up to find out". That really does sound odd to me. . .well good luck with yours - I'll post some more once the 5th has been and gone! x
  9. Hi There, I had a similar thing with B & Wells, for a N Power Bill. They chased me for A YEAR even though I'd told them on the phone thousands of times that I had vacated the property. Eventually, I had to fax proof that I had moved out, which they denied rceiving, so sent them recorded delivery so they couldn't deny receiving it. Finally they left me alone - they are a nightmare so anything you send to them, do it recorded delivery! x
  10. Hi Trainee L 1, I called the court again, and they said that it is still sat with the Judge. So did you wait from August til you received something through the post? Well good luck for Monday make sure you tell us how you get on! x
  11. Hi Guys, After filing my N208 form, the LL had not acknowledged with the courts therefore not submitted a defence either. The courts have given me a fax number and said I can fax through a judgement to enforce the payment. I have been advised to use a N205A by a friend in a law firm, is this the way to go? I'd love to get this done today as until I do so it gives them more time to counterclaim apparently! Please advise Thanks x
  12. Hi There, No longer a tenant, sent the N208 I believe. I sent in evidence that the LL never protected my deposit, and all evidence that he is now ignoring all emails letters etc. Was a tenant from 29th April 2007 til May 2009. Have claimed for bond back + 3X deposit. My previous threads explain the whole thing, but the above is in summary! x
  13. Hi There, On the 29th September I submitted my claim form for my LL not having protected my deposit. I called today, as have had no word from the court, and LL still hasn't acknowledged the papers. Apparently it was served on the 5th October, which was 14 days ago. . . I read somewhere that if they haven't responded in 14 days I could file a judgement. When I said this to the lady on the phone at the court this morning, she said that doesn't apply to TDS cases. Is this correct?? Any help would be greatly appreciated! Thanks x
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