Rocinante1980
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Posts
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Sorry Leakie, didn't see your response. I found a room using SpareRoom (so, shared accommodation), I went there and I liked it. I stated very clearly that I wanted a written contract and an Assured Shorthold Tenancy contract. That's what we signed, and after that I realised that this guy was living in the same flat (in another room), and that he is not the owner of the flat, he is at the same time renting the entire flat from an agency. For this reason, I am not sure if my legal status was lodger or sub-tenant (our contract says clearly tenancy). I am not sure if I can claim a compensation for not protecting my deposit in this case. As far as I know, every AST contract must have the deposit protect. This guy didn't do it, stole part of my deposit and we are going to court (next month is the hearing). The doc we signed says clearly AST. In any case, I will check this with a lawyer after I recover my deposit using small claims in court. Any suggestion regarding this is welcome. Thanks a lot for your help.
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That's another long story... Basically our agreement was AST, and he didn't protect it, but my landlord (who was at the same time a tenant, not the owner) was in the same flat. So because I was not sure I preferred to start with my deposit. After this, I will check with a lawyer and then start another claim. It is not easy doing this for the first time, in another country and using a language you started speaking a few months ago.
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Hello again, 14th Feb I sent an email to court asking if they received the witness statement of my defendant or an extension. Today I have received a letter (yes, a letter) in my flat from court saying that they have not received any witness statement or extension from my defendant. Next time I will call them by phone. Can I use this to get unreasonable behaviour and then claim all my costs? What do you think about the trick I explained in post #8? Any suggestion is welcome. Thanks a lot.
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Yes, we also received the allocation questionary and directions. I think the process is taking all required steps. I am sure he didn't send another document to court Anyway following your advice I will call court and then I will let you know. Thanks.
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Good point. No, I do that this week. Thanks. However, I know this person and I am completely sure he is ignoring this, will not write anything and does not respect court orders. He thinks he can do whatever he wants. Assuming this scenario, what should be my best next step? Can I use that to claim unreasonable behaviour and claim all costs? Thanks a lot.
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Thanks for replies. I am not using MCOL. This is my first claim and was not sure. Just letters to court. He is challenging the entire claim, he replied to court using form n9, although he didn't write anything in the defence box. On December both parties received a letter saying that we have a hearing on April. And before 4th January each part must send the other a copy of his witness statement, and another to court. I didn't receive his witness statements from him. And din't receive his witness statement from court. I think this last point is normal because the order said clearly that he had to send me the document, not court. Questions? Thanks for help.
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Sorry, I didn't explain that properly... He filled a defence and replied to court (Form N9). What I wanted to say is that the defence box (where you have to write something), was totally empty. http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n009b-eng.pdf I said this because I read that it is important to fill a defence: "Set out your defence in section 3. If necessary continue on a separate piece of paper making sure that the claim number is clearly shown on it. In your defence you must state which allegations in the particulars of claim you deny and your reasons for doing so. If you fail to deny an allegation it may be taken that you admit it."
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Hello out there, I will simplify as much as I can... I started a claim against my former landlord using small claims in court (he stole my deposit). 2 months ago we (both parties) received a letter from court saying that before 4th January 2017 we should have sent our respective witness statements to court and a copy to the other party. It was a very clear order from the judge. That is exactly what I did, I wrote it and sent it to court and my defendant. However, I didn't receive a copy from him (that was 5 or 6 weeks ago). What should I do exactly now? The hearing is in 6 weeks. I also have to add that he didn't fill a defence in the claim response, it seems to me he is not taking this seriously. Someone told me I could send a letter to the defendant saying that he has one week to send me his witness statements or I will consider that unreasonable behaviour and include all my costs in the hearing (not only fixed cost), plus a copy to the judge with a covering letter explaining this to him. I would like to know your suggestions. Thanks in advance.
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Thanks a lot for suggestions. Didn't know the option of credit card by phone.
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Hello, Thanks for reply. I already have my cheque ready. But, do I have to send a letter to my local court? Do I have attach a letter (with the cheque) saying my claim number? Searching I don't see a form related to this step. Thanks.
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Hello, I started a small claim in court against my landlord a few moths ago... Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected. The problem is that I don't know exactly how to do that and there are no instructions in that letter. Do I have to send a cheque to my local county court (where the case was transferred)? Do I have to write a small letter saying that the attached cheque is for the claim number XXXX? I don't find related court fees to this step. BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court" I search on the net but don't not exactly what to do. Thanks.
