Deposit not protected

[misselle]

I sometimes think that judges are on the side of the landlords

[balham_tenant]

im not quite sure why i had to pay 150 pounds for the 5 minute 'hearing' in which he didnt want to listen to anything i had to say, nor had he read any of the supporting materials i had submitted. i dont even think he had read the whole claim.

[Steve__M]

Found that thread I was talking about. Sounds like the same thing as happened to you happened on page 4:

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/124339-tenancy-ended-deposit-not-4.html

 

In this case, in the end the landlord paid up before it went to a full hearing.

 

Perhaps judges do not realise that tenants are being compelled to use the N208 process which (I understand) is for straightforward cases so was irritated when it turned out not to be straightforward. Unfortunately, as we're finding, not all cases are quite so straightforward.

 

I'd hope that if you had your evidence in order showing regular rent payments, payment of deposit, and permitted occupancy, that that should be sufficient to prove that an AST was in place.

[balham_tenant]

Good news. Had the second hearing today and I won. The defendant didn't show up so the hearing was over very quickly. I think the judge had already decided to award it to me because when I walked in and sat down she just basically asked me to verify the amount of the award I am claiming (ie 4 x deposit amount) and if I wanted to add anything to it like public transport costs or other expenses.

 

So hopefully the defendant will pay up, though I am not going to hold my breath, I'm sure he will try everything to get out of paying.

[balham_tenant]

Does anyone have any experience in getting a judgement paid? It's been 2.5 weeks since the court hearing/judgement yet I have not received anything from the court yet, nor got paid by the defendant. Just looking into the options for enforcing a judgement now and wondering if anyone has any advice to share?

[balham_tenant]

I just received a notice from the court that the defendant has applied to have the judgement set aside as he is claiming he did not know about the second hearing at which I was awarded a judgement. The hearing for whether the judgement will be set aside is in September. Does anyone have any idea on the success of such a hearing for the defendant?

[Kentish Lass]

This just a very personal opinion, but I suspect the judge at this further hearing will be somewhat p****d off at this waste of the court's time by the LL. I hope it goes well for you.

[balham_tenant]

Thanks for your reply. I also feel and hope that may happen.

[Mehran555]

have you had any luck?

[Andes]

Have you had any progress Balham tenant?

 

The estate agent at my last rented home never registered my deposit with any of the schemes. I found out after I moved out and he delayed returning it to me.

 

Fortunately I received it back before going to court. But it would be good to know if you received yours back?

[balham_tenant]

No it's still ongoing unfortunately. Even though I was awarded a judgement, at the hearing a different judge was presiding, and he agreed to set the judgement aside as the defendant claimed he did not know about the previous hearing. So I have another (4th) hearing in November. I moved out in June 2008 so its been a long and tedious process so far.

Edited October 19, 2009 by balham_tenant

[Kentish Lass]

No it's still ongoing unfortunately. Even though I was awarded a judgement, at the hearing a different judge was presiding, and he agreet set the judgement aside as the defendant claimed he did not know about the hearing. So I have another (4th) hearing in November. I move out in June 2008 so its been a long and tedious process so far.

 

Really sorry to hear this. However, although it is easy to criticise the judge, it is part of our legal system that everyone should be given the opportunity to put their side of the story - and that is all the judge is doing here. Annoying after having been given a judgement, but good luck in November and let us know how you get on.

[balham_tenant]

Well I had the fourth hearing yesterday and I was again awarded the judgement, plus I got the first judgement amount increased to cover lost earnings and interest, so I'm quite pleased. Hopefully I can get the money and finally move on.

[Steve__M]

Well done! Let us know how you get on with getting your money.

[balham_tenant]

Had a fifth hearing today - the defendant applied to have my second judgment set aside - but it was shot down in flames and he has been ordered to pay me my judgment amount. Let's hope I finally get some money back.

 

My case has been active in the courts since Oct 2008.... 16 months thus far!

[MrShed]

What the hell was his rationale behind the second set aside attempt@?!?!

 

I would strike while the iron is hot now. Give him 28 days to pay - if he doesnt then get a Attachment of Earnings or similar method of enforcement.

 

For a judgement of this size I would even be tempted to go down stat demand or charging order...

 

Well done on perservering!

[balham_tenant]

Well to give you a small insight into his mental wellbeing, during the hearing when asked by the judge why he had not contacted the court to find out the date of the hearing he had missed, his explanation included "well I have so many court cases against me from various tenants that I cannot possibly be expected to keep track of them all". The hearing was verging on comedic with some of his other utterances and paltry excuses. He also somehow managed to completely contradict himself within the space of a minute, at which point the judge told him he was a liar and that the judgment is upheld.

 

An another note, does anyone know how to get interest added on to a judgment? The judgment amount exceeds 5k so it qualifies.

 

(To answer your question, his reason for the second set aside claim was the mail strike, but it had already been set aside once due to supposed non delivery, and we were clearly told to contact the court should the notice of the next hearing not arrive in due course)

Edited February 9, 2010 by balham_tenant

[Steve__M]

Don't you have to ask for interest at the time of the hearing?

[balham_tenant]

I did ask, and the judge confirmed it does attract interest, but I am just not sure how it is actually calculated and communicated to the defendant - I will wait and see what is sent from the court first.

[psychofool]

Hi it seems I'm going to have to follow a similar route and was just wondering if you were eventually successful in getting your money back (plus the 3x)???

[Ed999]

Read this FAQ, which I hope might be of some assistance -

 

- Got A Judgment? How To Get Paid

 

Note: The fees mentioned in that FAQ may now be out of date. You should check the current fee with the court.