PS: Thanks for the advice! Sorry. Rushing through a lot of work and forgot my manners!

I have reviewed the contract again. We had a month-long Tenancy Agreement (Residential). There was no provision in it for the deposit to be kept in escrow by a third party and it clearly states that the deposit would be returned, with interest accrued, on 31 August 2011. The landlady is in breach and any time I try to ask her questions or confirm any details on when the deposit will be returned, how or with interest I get an accusation of harassment and an assertion that 'this matter is now closed'. I will issue a court claim. Seems like a shame to waste their time on this. I booked the accommodation 4 months in advance. There's quite a bit if you book ahead of time. Which is particularly galling - I chose this based on things that she did not provide.

Hey folks, I recently went up to the Edinburgh festival and rented a place to myself for the month. The landlady did not provide the accommodation as agreed. She was there when I first arrived. I was a bit overwhelmed initially by the state of the flat - it was dirty and smelled awful - and the first thing I saw was a large desk blocking the hallway, giving c.1 foot of clearance. She had also promised to clear out all her things but had not done so and the flat was full to bursting with her stuff - I had to live out of my case for the month. The double wardrobe was made a single because she had left some of her clothes in it and locked it. She had also said the property had wireless but it didn't - just regular broadband. It sounds petty but as I had to work remotely while I was at the festival, and also had to study and work on another project I'm involved with, I was going to be attached to my computer for a lot of my time up there. Turns out my computer was attached to the bedroom wall by a 3ft long Ethernet cable and I was to be stuck on an uncomfortable bed in a dark, dank, smelly room for the duration. I should have questioned her about all this right away but I was genuinely overwhelmed by the smell and by disappointment. I was very excited to have my own place and be taking part in my first festival, and have had an awful year before this. After a 5 hour train journey, and lugging my suitcase, laptop and guitar around, I arrived to find a dirty, smelly flat that was not how we had agreed, with the landlady hovering around, making herself a cup of coffee and telling me, without apology, all the things she hadn't done. I know it was naive, but I just wanted to sign the agreement to get her out of there - I didn't want to go off half-cocked but wanted to check my emails and think about it properly rather than get angry based on disappointment alone. However, having sat down and checked that I hadn't misremembered anything we agreed, I wrote an email clearly stating four aspects I wasn't happy about (not mentioning the disgusting, filthy state the flat was in - genuinely revolting; the fridge was dirty, the toilet a rank mess - I made a cup of coffee thinking that the glaze had worn off the earthenware mug to find that it was actually a 5mm thick layer of dirt. Every surface was covered in dust and muck and dusty and mucky ornaments and the floor was dirty. There was also a bizarre standalone bath in the bedroom filled with grubby, stale sheets.) The landlady readily agreed to a discount of 10% via email and I responded via text message as my smartphone had awful signal so I used my work BB with which I had been corresponding with her in general. When it came to getting my deposit + refund back she told me, after she had transferred only £300 of a total £650 I was expecting (£500 deposit plus £150 refund) that she wasn't offering me the discount any more as the property was as advertised, we had a signed agreement and that the rest of the deposit would be with me once the agents had taken an inventory. I asked her why, if the property was as advertised, she had so readily agreed to a discount. I also pointed out that our written agreement to a discount superseded the initial agreement. I asked her to confirm that interest on the £500 deposit from May was going to be paid to me as per our initial agreement. She responded that the matter was closed, that if I continued to harass her in this manner she would hold back the rest of my deposit, and that I should not contact her again. I replied that she could not unilaterally decide that the matter was closed, that I had made some very clear and reasonable requests for information, and could she please respond to those. She then responded that she was forwarding all correspondence to her agents' solicitors and repeated her accusations of harassment. I asked her to send me details of the agents' solicitors forthwith so that I could deal with them in this matter and clear up the confusion. She ignored the email. The next day I asked her again for the agents details. She said that the matter was closed and she couldn't understand why I couldn't understand this. To stop emailing her and that any further correspondence would be considered harassment. I pointed out that she still had not given me any information and that if she could give me details of her letting agents or their solicitors (she had never mentioned letting agents at any point prior to this by the way - I had assumed it was a private deal through Gumtree) then I would happily cease all correspondence with her and deal with them - specifically on how my deposit was to be returned to me, the fact that there was no inventory to check the flat against, and to discuss the question of interest. She has now replied to all of my emails with blank emails after stating that any further correspondence would be returned to me. Is there any way I can get the details from her? This is ridiculous. I am perfectly willing to take it through a small claims court if necessary but it seems utterly facile to have to do so and I'm stunned that she refuses to divulge any information whatsoever. Is there any way I can force her to give me details either of the agents who apparently now have free rein with my deposit or the legal representation she claims to be forwarding her emails to? Thanks!

Just a quick question. if a stay was applied to the case in August, can I still apply to have it removed now? I had thought it was a done deal, and had resigned myself to wait, but didn't realise you could appeal. I think it may be worth it so was wondering if there is any kind of time limitations on appeal? Also,

Just with regards to the telephone conference hearings, we had one for an allocation hearing in July that Barclays' legal rep turned up to. I think any expense from their part comes from paying a barrister to be there (although they paid a junior to be at ours, who had never done one before and was torn apart by the fairly ferocious judge!). It was all very quick. However, the difference there was that the judge had already suggested (read, "decided on") fast track, and Barclays wanted that as well, as they knew it would delay things and they had obviously had a heads up about the OFT case (GRRRR!!). Your hearing sounds like it may be more intricate and they may prepare for it, but all I can say is that the barrister on our call reminded me of someone shoved in front of a camera on the news without their script! Anyway, we had to mess around for ages with Barclays, who ignored all requests for any organisation of the telephone conference. All I can suggest is to make sure you keep in touch with the court and let them know that you are struggling to get any response. They don't get involved, but it is just as well to let them know that you are trying to make sure it's all organised, and they are more than aware of the tactics being used in these cases. Perhaps put on any chasing letters/emails/faxes etc, a cc to the court manager/judge so that the solicitors know the court is fully informed of how much you are having to chase them. That might force their hand a little?

Well it seems that despite Barclays doing as they please, and not even submitting the forms correctly, a stay has been applied to the case. It's even more frustrating as this judge seemed so particular about how things happened in her court that I didn't think she'd let them act like that. But it seems they can do as they please and the courts just roll over - perhaps it's anything for an easier life, or maybe judges have just been briefed to act a certain way now, but it seems amazing that Barclays don't even follow court protocol and still get their desired outcome. Fingers crossed the court case is fairly fast moving (any hope???!) and that justice is served on the banks. I just have a sneaking suspicion there may be some half measures applied rather than any kind of meaningful outcome.

They were meant to provide disclosure by 15 August (i.e. last Tuesday). They haven't provided anything close to it, and haven't requested the stay on the normal form, so if I'm acting as if the case is continuing I presume I should just write to the court asking for a judgment in default? Or with the letter I drafted or something similar?

Absolutely certain. They sent us a covering letter along with a copy of the letter to the court. And in the covering letter they have also (slightly pre-empting the court) told us that they will "ensure that you claim will not be adversely affected by the stay of your court proceedings". I like their ability to tell the future. I can only assume it's because it's a fast track case so there are layers upon layers of paperwork to submit to the court before the court day some time in December, the first court order being disclosure by list. Obviously Barclays don't want to take this step so they have sent the letter to the court instead.

They've sent the letter to the court requesting a stay. It wasn't on any sort of court form - just a letter with a summary of the test case enclosed and them respectfully requesting a stay at the end of the letter outlining to the judge what was going on with the test case, the FOS and the FSA.

OK, so surprise surprise, instead of sending in their disclosure by list, Barclays have sent in a request for a stay, citing the usual - the OFT case, the FOS putting their investigations on hold, etc, etc. I'm thinking of writing to the court as follows: "Please could you draw this letter to the attention of District Judge Willers as a matter of urgency. We note that Barclays have requested the above case be stayed, pending the final determination of the Test Case (The Office of Fair Trading v Abbey National Plc and others). We note that Barclays requested this stay just prior to the deadline set by yourself for disclosure, although they would have been aware of the test case by 27 July 2007 at the latest. We also note that they sent details of the Test Case and a request for stay, in lieu of Disclosure by List for this case. This still does not comply with the order made by the court for Disclosure by List by 15 August 2007. Essentially they seem to have ignored an order made by the court, assuming instead that their last minute application for a stay will be accepted. We would suggest that Barclays have once again shown contempt for court process. This, combined with their unwillingness to come to a settlement out of court, or even to arrange the telephone conference necessary for the Allocation Hearing in good time, suggests that Barclays believes it can treat both consumers and the courts as it desires with no penalty. As such we would respectfully request that they are ordered to provide Disclosure by List within the next 14 days, and that if they are not able to do this then a judgment be made against them. Yours sincerely..." I'm really not sure if this is suitable as a letter to a court, but it seems to me that any self-respecting judge would be pretty fed up by Barclays attitude that they can ignore the court order, and at the last minute chuck in an application for a stay. They even tell the judge that she "should be aware that the FOS has agreed not to proceed with consideration of the merits of relevant complaints" - it seems that their use of language here is designed to almost intimidate the judge, or tell her exactly what she should do in her own court. Anyway, just a draft of a letter, so any suggestions would be very welcome!

Excellent. Off it goes then. Thanks for that - just getting nervous. Want to make sure we have every chance of getting something out of them! Thanks again

I'd really, really appreciate it if someone could check the disclosure list I've put together. Sections 2 & 3 are duplicated from a post by GaryH on another thread so they are fine, but I just wanted to check the wording through the correspondence and whether I should include emails? Thanks, ellliero

Excellent - thanks so much for that GaryH. I had been putting the court bundle together so I'd imagine the judge wouldn't have been too impressed to have 300 pages dumped on her desk! I have put together the following disclosure list now. I'm not sure if I should put in the emails in the general section, but I thought it would demonstrate how many times we tried to get in contact before the allocation hearing either to settle or organise the telephone contract, and also show that Barclays just ignored us throughout. Any comments other than that? Also, does it matter if you don't have exactly how many page numbers certain documents are? Many thanks, elliero

Hi, Here's the court order finally. Sorry for the delay... note about case being allocated to fast track Each party by 14 August give standard disclosure to every other party by list. Any requests for inspection or copies for disclosed documents shall be made within 7 days after service of the list Each party by 11 September by simultaneous exchange serve on every other party the witness statements of the evidence on which that party intends to rely in relation to any issues of fact to be decided at the trial and any notices of intention to rely on hearsay evidence No expert evidence being necessary no party has permission to call or rely on expert evidence Pre-trial check lists to be sent to the parties by 9 October and the completed pre-trial check lists shall be filed by 4pm on 23 October. The claimant must file with the checklists a) copies of all statements of case (including schedules) witness statements and expert reports which have not already been filed; b) a case summary not exceeding 500 words and draft listing directions which must include or attach a proposed trial timetable allowing for all stages of the trial including the judge’s reading time and consideration and delivery of the judgement. These documents must be agreed with the other party or parties if possible. If not agreed the claimant must explain The costs of today are to be in the case The trial shall take place between 18 December and 8 January. The time provisionally allowed will be 1 day So my questions on this are: I'm guessing point 2 means the normal court bundle but I wanted to double check as this is a fast track case and all of the other orders sound fairly different from the norm. I was also a bit thrown by the phrase 'standard disclosure by list'. I'm hoping that Barclays will not submit anything - I doubt they'd provide standard disclosure before an OFT vs banks hearing! I was thinking that if this happens I could contact the court and request a judgement as they will be in breach of the court orders. Does this sound right? If not, is it really likely that we will go through all the points on this order only for Barclays to get to the actual court date some time in Dec/Jan and request a stay? Or can they request a stay before the court date? Any thoughts from you big brained bunch on this? I will be preparing the normal court bundle but obviously if there is anything to add, or any kind of tactics to follow, I'd be grateful for some advice. Many thanks, elliero

sorry - just seen this. Will do as soon as we have received it.