LL failed to protect my deposit and now filed a counterclaim

[angelpie111272]

Hi Guys,

I hope someone can help i will try to keep it short and to the point, My LL did not put my deposit into a scheme which i only discovered when i tried to get my deposit back and he ignored i asked him if he had protected it and he then gave me £500 of it back keeping over £300 with no explanation.

so I filed a claim against him through money claims on line, He has now issued a counter claim against me saying i left the house in a mess holes in the wall bins full etc etc a complete case of tit for tat but he has photos of damage behind front door (he is saying that i did it)which was there when i moved in which he knew about as he promised to get it fixed and he didnt but all my evidence id conversations we had rather than anything else there is no truth to anything he is saying at all, my concern is i am in court early June and i have to have my evidence and my witness statement i am not sure how to complete a witness statement and my evidence is limited he did not put my money in a scheme i have no letter from any of the deposit schemes to show he did and he has no defence to this but im feeling a little intimidated now. The counterclaim seems to be the main thing there is no mention of the original claim of the fact he did not enter my deposit in a scheme he has even entered the remaining money in a scheme 1 month after i moved out ?? IM just really worried now that he is there with photos and i only have word of mouth whats my chances of winning this ? if someone can advise what i will need to complete my witness statement many thanks in advance x

[raydetinu]

I would try and explain to him that not protecting the deposit is illegal and you could sue him for that ( all be it very expensive ) and you would probably win and he would have to return deposit and probably get compensation as well.

Was this problem not recorded at the time you moved in as part of the original condition report?

Have you not got a friend/partner who saw the damage when you moved in.

The fact that he did not explain why he held the money back initially will go against him.

Stick to your guns.

[Steve__M]

What specifically was in your claim? Were you claiming for the deposit, or for the penalty for failing to protect the deposit?

 

Has he filed a defence against your claim, or a counterclaim. They are two different things I think.

 

If he has filed a counterclaim you would need to file a defence to it (I think).

[angelpie111272]

What specifically was in your claim? Were you claiming for the deposit, or for the penalty for failing to protect the deposit?

 

Has he filed a defence against your claim, or a counterclaim. They are two different things I think.

Hi i filed against him eventually because he was ignoring my calls an hadnt give me my drposit back it was only then i discoveref it should of been protected so i then proceeded to file against him bevause he had broke the law. He had raised a counterclaim against me basically full of lies which i filed my defence against on the 17th jan we are in court in june where i have to produce my witness statement which is what im unsure of as i read one thread on here where she said her statement wss 117 pages long lol.

Im just wondering whats my chances of winning i hoped his counterclaim would of been seen for what it is tit for tat an thrown out tjere was never any mention of the house appatently being left in a state he even thanked me for looking after it so well but it seems now its my word against his im hoping the judge will see which one of us is a liar

[ericsbrother]

Witness statements only necessary if you are taking witnesses along, they have to have statements in advance so other side can know what witnesses are going to be there and in what capacity. No witnessthen no statemnts.

As for ll long counterclaim-it is likely to be seen for what it is, judges arent daft.

[angelpie111272]

Witness statements only necessary if you are taking witnesses along, they have to have statements in advance so other side can know what witnesses are going to be there and in what capacity. No witnessthen no statemnts.

As for ll long counterclaim-it is likely to be seen for what it is, judges arent daft.

 

 

 

Thanks guys ericsbrother i hope your right,

 

the letter from court stastes i have to send all my evidence and MY signed witness statement to the court and a copy to him i assumed it meant my witness statement as statement of facts ?that i am relying on as my evidence against him such as text messages etc ??

thanks