Had a CCJ demanding 3 times the deposit
Stupidly, and I mean very stupidly, did not put a tenants deposit in a deposit protection scheme.
They have just told me they are emigrating to Australia and have said in an mail that they are not going to be paying the last months rent. Now to top it off they have issued a CCJ demanding three times the deposit plus £105 for court costs.
They are also refusing me entry.
Up until now we have had a good relationship but they are totally exploiting the situation for monetary gain.
Do I have any rights or have I blown them all out the window by not putting the deposit in a scheme?
I used to use a letting agent but the tenant and myself decided to do it between ourselves.
We couldn’t agree on a contract so we verbally said what we wanted, I wanted 2-3 months notice but they have only give me one and that is not in writing.
Thanks in advance for any helpful suggestions.
Regards
Steve Morton
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Member Since December 2014 - Comments: 18
8:32 PM, 15th December 2014, About 11 years ago
Thanks Mark i am tempted now to go for option 3 also now
I am trying to find an email where the tennant sent me details of a protected deposit scheme and i replied to it and cannot remember what i put she is adamant that she has proof of trying to get the deposit into a scheme and i cannot find it but do remember her emailing me, Christ and to think when they rang me to tell me they were going to Aussie i said well i hope you all the best and i can get you the deposit in cash if you like so you do not have to worry about waiting to get it cleared, what a mug!!!!!!!
Mark the information i am getting on here is invaluable where can i make a donation for the information received so far?, if i get more i will leave more thanks very much so far
Member Since September 2011 - Comments: 882 - Articles: 30
8:44 PM, 15th December 2014, About 11 years ago
Given the facts that you have shared what defense would you have to use option 3? They have probably already produced the email where they asked you to protect their deposit and therefore to deny this would be a lie and that would be obvious to the Court.
I would rather protect my reputation and avoid a CCJ than try to lie my way out of a situation that I have put myself into – even though I am sure from your post this was not malicious -it was none the less unlawful.
Member Since July 2013 - Comments: 264 - Articles: 1
8:47 PM, 15th December 2014, About 11 years ago
no need to lie, just prevaracate, and cause as much delay as possible, by that time they will be gone, it would be difficult to attend court from the other side of the world.
Member Since September 2011 - Comments: 882 - Articles: 30
8:52 PM, 15th December 2014, About 11 years ago
Why would they need to attend if they have left evidence with a Solicitor. There are many no win no fee guys who will take a case where there is good evidence and share the booty 50/50
Member Since July 2013 - Comments: 264 - Articles: 1
8:54 PM, 15th December 2014, About 11 years ago
maybe, but I would still demand to see the evidence, could be a bluff.
Member Since September 2011 - Comments: 882 - Articles: 30
8:55 PM, 15th December 2014, About 11 years ago
Demand? On what basis could you make such a demand – the court has issued the Notice?
Member Since July 2013 - Comments: 264 - Articles: 1
8:57 PM, 15th December 2014, About 11 years ago
i am no lawyer, but I am sure each side is entitled to see the evidence.
Member Since January 2011 - Comments: 12193 - Articles: 1395
9:06 PM, 15th December 2014, About 11 years ago
Reply to the comment left by “Alan Loughlin” at “15/12/2014 – 20:57“:
The basis of the claim is copied to the defendant, this includes any separate statement and papers the Court is asked to consider in support of any claim.
.
Member Since September 2011 - Comments: 882 - Articles: 30
9:06 PM, 15th December 2014, About 11 years ago
2.4 Where the Master or District Judge agrees that the application is suitable for consideration without a hearing, the court will so inform the applicant and the respondent and may give directions for the filing of evidence. (Rules 23.9 and 23.10 enable a party to apply for an order made without a hearing to be set aside or varied.)
2.5 Where the Master or District Judge does not agree that the application is suitable for consideration without a hearing, the court will notify the applicant and the respondent of the time, date and place for the hearing of the application and may at the same time give directions as to the filing of evidence.
Source http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a
Member Since July 2013 - Comments: 303
9:09 PM, 15th December 2014, About 11 years ago
CCJ, will only kick in if the Court makes an order & you do not pay within the requisite days . I believe it is 28 days.
Legal fee will not be awarded if the amount id less than £ 5000 & the case is in the small claims Court.
The Court are in a mess normal time for a hearing date is taking on average six months in London Courts.
The Court’s recorded message state ” The judiciary is not subject to time ……. ” i.e. they can take their time with no accountability. Can some one remind them ” Justice delayed as justice denied “.