Hi, thanks for the reply. I'm not sure if she purchased it directly from apple. It could have been e-bay or something like that. Also would apple give me those details as I wasn't the purchaser. And if so would my insurer accept it with someone elses name on??? Thanks for your help.

Thanks in advance for your help guys. So, my iphone 3gs decide to stop working. 2 yrs old took to apple they confirmed it's dead and gave e a print out for the insurance saying as much. I called insurance and they said I had to provide proof of purchase. Here lies the problem. The phone was a gift from an ex no longer in contact (who is) I have the box and Apple verified the imei number is not registered as stolen or been black listed. I have e-mailed an explained that the item was a gift, is there anything I can do to prove i own it? Cheers guy's. I hate insurance!

Mediation went as I expected she requested £380 I offered 100 for the carpet cleaning she said no way. Then she came back at 250 each again I said no. I would rather drag her through the court and lose than give in now.

Hi thanks for your reply. The landlords defence consists of photos, quotes and receipts for the work. She also has a letter from the firm who decorated the house for the builder prior to her getting the keys. It basically says that in June 09 the house was in pristine condition as all the houses that his firm had the contract to had to be to an expected standard. What she fails to mention is we were not the first tenants. She had a tennant from June until September, who by her and the neighbours own admission were to put it bluntly scruffy. Her statement just basically lists each individual mark on the walls. Thanks again for the help I guess I am just after any help advice I could use in the courtroom to my advantage.

bump

hi guys, Update.LL requested mediation via the courts which took place today. alas to no avail the landlord is convinced she can't lose the case. her case is basically built on th section in the tenancy agreement which states I have to return property exactly as it was taken over and that she will produce receipts to show work was undertaken. can someone reeasure me that I still have a strong case as she doesn't have an inventory. also could someone explain what happens with regards court fees if say the judge awards a 50/50 split do I get any fees back??? Thanks again for all your help.

Here is the letter I have drafted to send Dear Judge Bellamy, I am writing to explain why the Arbitration Process is not being utilised in this claim. I initially attempted to use the process on the 3rd August and it was immediately rejected by the defendant. I then tried again on the 11th of August but received the same outcome. I then sent the defendant a letter before action, requesting my bond be returned or I would take the small claims track. This prompted the defendant to attempt to instigate the arbitration process. In the time between this I had conducted plenty of research and taken legal advice and thought in my best interest to proceed with the small claims track. I trust the above information is adequate, I am more than happy to provide any other information required Sincerely, Would this suffice?? Thanks.

Hi, I posted in here a while back but can't find my thread. I moved out of a house and the landlord is trying to keep all my bond as she wants the whole house professionally cleaned and re decorated. I dispute this and it is now going to small claims with the great help of people on this forum. I just received a letter from the courts asking both parties to write to the district judge and explain why arbitration process available under the tenancy scheme is not been utilised. My reasoning is that I did try to instigate this twice and it was turned down twice by the landlord. Once I issued a letter before action the landlord then tried to instigate it themselves to which I declined as I thought "I tried it twice and you declined" also after doing research on here and on the web in general I thought I had a pretty good case as there is no check in/out inventory to speak of. I have a feeling that now when I write back to the district judge with my reasoning he/she will order the arbitration process but I just feel like that route will favour the landlord. So two questions: Has anyone used the arbitration process and if so How did you find it? secondly : How do I structure my letter to the district judge without coming across petty and with the best chances of keeping this thing in court? Thanks very much for your continued help. Darren

Hi thanks, no counter claim submitted. I got a book but think its slightly out of date. So I guess I'll wait till I'm asked to submit evidence then.

Thanks for the reply, In the questionaire do i state my defence or is it just purely a formality to put it on small claims track. Also the ll is stating that because it states in the TA that the house has to be handed back as it was recieved . Does wear and tear have to be taken into consideration even though it it not mentioned? Thanks again.

Hello again guy's, Just recieved my Allocation questionaire. I am after some advice on filling it out. Any help would be greatly appreciated. Thanks

Just to add to that, does anyone have a case i can reference where there was no inventory present hence the ruling against the landlord. Would be an interesting read. Thanks again.

Update: Filed online money claim after LTA sent. LL has since tried to instigate ADR after already declining my attermpt. I have duly declined and recieved a letter from LL saying basically she will defend herself in court by using Qoutes for work completed and also quoting tenancy agreement where it says I have to hand property back same as when I took it (there is no mention of wear and tear in there) Could someone please confirm to me that she is still going to struggle without the aid of an inventory (which does not exist) Thanks for your help guys. ps I have my small claims book, good informative book but would be great if i had one aimed a tenancy disagreements.

sorry guys, house move and personal stuff made me loose track of this. update. had a few more letters but tbh just ignored them called oft and made a verbal complaint and sounds like they have had a few. as I said moved house now so not had anything to new address and nothing from them in forwarded mail. Thanks for all your advice people.

Ok thanks for the advice guys here is the letter I was going to send: Dear XXX XXXXX re: XXXXXXXXXXXXXXXXXX I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 29th August 2009 On 29th August 2009 I paid you a deposit of £500 as security against my obligations in the tenancy agreement. Since then I believe you have not met the initial requirements of an authorised tenancy deposit protection as stated in the housing Act 2004. If you look at section 213 (3) of the housing act 2004 (attached) It clearly states that upon reciept of the deposit it MUST be placed in a protection scheme within 14 days of receipt of it. In this case the deposit was recieved on 29th August 2009 and Placed in a scheme on 13th June 2011 this is a total of 653 days. If you now look at section 214 (1) (a) It states that If a deposit has been paid then an application to the county court can be made on the grounds of non compliance to section 213 (3). If you look at section 214 (3) it states the court MUST order the deposit to be repaid and section 214 (4) states the court MUST in addition order the landlord to pay 3 x the sum. In the circumstances, I am entitled to claim for the sum of the initial deposit at £500 plus 3 x that sum bringing the total to £2000 along with the courts designated rate of interest (8%) on the money owed from the date the non compliance began (12th September 2009) this would bring the total to £2284.49 I am however willing to forgo this claim in the event of you allowing me to claim the full amount of £500 via the deposit protection scheme. If I do not hear from you within 7 days, with satisfactory evidence that you have complied with the obligations which the law imposes on you, I may begin legal proceedings to recover my deposit without further recourse to you. As much as I would love to send this to make her think. I have taken your advice and sent the suggested one. Now I await the arrival of my small claims book and begin building my case as I know full well she will not return the bond. Thanks guys