private house tenant repossesion

[hedgerow pete]

ok heres an update and a thread rebump for you all, we have eventually moved across the road, basicly from one bad landlord to another bad landlord, its the dogs and deposit problems as ever, any way, i do have a roof, abiat it leaks, but a roof.

so now you evil twisted lot of legal eagles, the small claims court, i will start and i want you lot to help bump it up with items i have missed and or could claim for if i was so inclinded



1,Deposit £450 not returned

2, lack of repossesion time/notice, 3 weeks not the full eight because landlord lied and said it was going to be sorted, landlord never actually gave any time as she refused to deal with me and hid behind the brand new letting agents HOUSING DIRECT who also refused to talk to me about the repossession

3, costs of having to move because landlord had failed to pay mortgage £200

4, costs of making new house habbitable £200
5, loss of earning because of time taken off work to organise a new property 21 days at £120 per day loss of wages, £2520

6, loss of money upkeeping house, because of landlord absetie, ie loft insulation £100
7, how does someone quantify stress andd strain and puts a cost to it ???
8, storage of household goods in a storage container £30 per week, so far 3 weeks £90
costs to file small claim, letters, envolopes, stamps, court fees, shoe leather, hire of tongue to lick stamps (depends on size of claim ) but lets say £300 and rising

ok so starting with the £450 deposit that vanished what else can i bump up the small claim with and what are the correct words to use??


and now it gets complicated who do i sue.

i took out a house private rental agreement via DOUGLAS EASTATE agents in april 2005 and paid them the £450 deposit, six months later the landlord, Mrs Sira then stops using them and we then have to deal directly with her,untill april 2012 when HOUSING DIRECT suddenly come on the scene as the new letting agents

now do i small claim against douglas for the £450 deposit but due to the fact that the private deposit holding scheme is not in operation they would have handed it to mrs sira to hold and have no intrest in her case anymore ??

i take it i sue mrs sira for all the losses that i can think off because she broke the aggrement because of not paying the mortgage company??

and or do i sue HOUSING DIRECT as the new letting agents for the £450 deposit as they should return it to me??

and lastly my leagel eagles, because they broke the short term ass contract by causing me to be evicted and since i was never given any notice from mrs sire but from the mortgage companies solicitors is there some form of posh legal word for breaking our contract and whats the costs could i sue for. there has been no communication from mrs sira or the letting agents housing direct except via brief phone calls, no letters or emails or any other proof of contact




P.S.

can i just say that whilst i am being serious in the fact that i want to sue the daylights out of everyone for every thing,

i have used the small claims dozens of times before,
i DO NOT EXPECT TO WIN ANY MONEY BACK,
so yes its going to small claims, but one is not holding his breath as for a massive win, i will be happy with the £450 and my costs of the claim back.

 

[drstitson]

even without the formal protection scheme your deposit was paid to the original letting agents. i would imagine that they should not have given it to landlord without your consent.

 

[hedgerow pete]

may be i should throw three small claims out a deposit £450 to both letting agents and a seperate one to to the land lady for every thing else

 

[newportbuzz]

no legal background here at all so big pinches of salt ok.


are the letting agents not actualy agents for your landlord and as such the buck stops at her not at the agent?

i think you should be aiming at the landlord who is broke so you may be wasting your time. but at least you could possibly get a share of her broke.

 

[hedgerow pete]

to be bruttally honest i doubt if i will get much off her as she is at the moment broke, but i find asian's have a habbit off bouncing back with money when it suits them, so to at least to lodge the ccj is a start to get the money back, as someone who has been both sides of the small claims court i realise its in my intrest to claim as much as possible in one foul swoop, so to sit back and to think of all the outer pocket expenses first and then to fill the forms,

a classic one was pointed out to me this weekend, a new drivers licence and digital tacho card is going to cost me £50 each for three people as well as the costs of the postal redirection, and the bt line is a whopping £160 to get connected to this house, so theres another £300 as well as the deposit,

i would think personally the letting agents are weasels and will squirm out of any legal claim aganst them but i would think it is best to serve the claim to them as they are the clients letting agents as well as the landlady.

in theroy i will be taking mrs sire to court for the out of pocket expences so the whole lot should go to her.

once i have collected enough costs and ideas i shall pop over to the cab or someone like them as the local ones to me are useless unless you dont speak english, and get some legal council first, the other promblem is that the higher the claim is the large the costs i have to pay up front out of my dole money. so a double edged sword there i have to cover the basics first

 

[ma1308]

I have never been in your situation so have no real idea but can you tell me how you can claim for loss of earnings when you stated your unemployed?

 

[hedgerow pete]

yes simple i was offered three weeks work as a holiday cover site manager but was unable to take the work due to having to deal with the council and solicitors and bailiffs and finding a new house,

sounds like due cause for loss of earnings for me then??

what do you think

 

[newportbuzz]

yes simple i was offered three weeks work as a holiday cover site manager but was unable to take the work due to having to deal with the council and solicitors and bailiffs and finding a new house,

sounds like due cause for loss of earnings for me then??

what do you think

i think that invalidates your dole claim. i know it wioukld invalidate mine as i have to sign that i was fit and able and activly searching for work on the above dates. tread lightly.

 

[hedgerow pete]

it would normally, but since eviction is an extra special circonstance and in my unemployment agreement i have stated that i would only consider tempory works over and above one months work, and any waay untill i have a proper solicitor to look over the claim alot of it is just words writen in pencil, if i cant claim for loss of proberble earnings which is a grey area how does one claim for stress and upset, thats a massive grey area, but when the wife has to cry her self to sleep through worry and the rest of the family has to put thier livess on hold as we dont know where we are sleeping on wednesday thats even worse, if it had gone on for another week or so i would be claiming for the costs of a divorce, and how does one put a cost to that??

like i saay just fishing for ideas at the moment and only once i have all the facts checked and ready to go i will send the court papers, i have done county courts before and whilst very user friendly and easy to do, you can also get it horible wrong and then it bites you,

 

[hedgerow pete]

a little bump and a final to the situation, after all the mullarky last month , I have managed to source a new house (dump but will do for now).

Also managed to securt a job, its on a three month trial for now so we will see, it will never be permanant at most i will get offered a 12 month tempary contract and the wages are a lot less than i was hoping for, but considering any job is a good job, I am very happy with all of it, its just a shame the second day there i get sent to coventry (tile hill)

the small claim is going to be done towards the end of the month once i managed to save up two brass farthings to rub together!

total or should i say suggested total is around £1,500 but i have yet to take legal council first before hand,
pete

 

[Luminos]

Congratulations on the new job, and wish you the very best of luck for the small claims - here's hoping you've turned a corner and some good luck comes your way
L

 

[Ziggymole]

Also managed to securt a job, its on a three month trial for now so we will see, it will never be permanant at most i will get offered a 12 month tempary contract and the wages are a lot less than i was hoping for, but considering any job is a good job, I am very happy with all of it, its just a shame the second day there i get sent to coventry (tile hill)

Congratulations. Temp or not a job is a job and they're not easy to come by. Well done.

 

[Drew]

Glad things are on the up Pete.

Here is to a happy new start!!

All the best!

 

[Dusty Rhodes]

Well done Peter.

Your perseverance has been impressive.

Hope it goes well now.

Dusty.

 

[hedgerow pete]

gawd knows it was long enough coming, as i said not exactly what i wanted but a steady wage even for a few months is better than before.





does anyone have any lucky rabbits feet i recon i should have at least 4,000 on me at all times ha ha ha ha ha ha ha