Forum Articles
  Welcome back Join CF
You are here You are here: Home | Forum | County Court (Small Claims track)

You are currently viewing our boards as a guest which gives you limited access to view most of the discussions, articles and other free features. By joining our Virgin Media community you will have full access to all discussions, be able to view and post threads, communicate privately with other members (PM), respond to polls, upload your own images/photos, and access many other special features. Registration is fast, simple and absolutely free so please join our community today.


Welcome to Cable Forum
Go Back   Cable Forum > General Discussion > Lifestyle

County Court (Small Claims track)
Reply
 
Thread Tools
Old 08-02-2007, 22:25   #61
Tezcatlipoca
Inactive
 
Tezcatlipoca's Avatar
 
Join Date: Jun 2003
Location: Cambridge
Posts: 16,760
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Re: County Court (Small Claims track)

So, we went to High Wycombe again today, for the re-scheduled hearing.

Left early, due to worries about the roads & the traffic, although we actually made very good time, & got there quicker than last time (took us ~2hours to get there today, a little less on the way back).


Got to Court, & found we had a different District Judge to last time - a woman, who had actually taken the time to read everything beforehand (unlike the previous DJ, who seemed to effectively go "Oh no! There's too much paperwork! It has to be re-scheduled!", back in November).


The DJ reminded me of Judge Judy. No nonsense, cut through the BS, straight to the point.


And she'd made her mind up before we even got in there...



Judge Judy - "I've had some time already to read through all the paperwork from both sides, & it seems to me that the claim & counter-claim have drifted from the core issue - the (non) return of the Claimants' deposit.

The main thing as I see it is Mr Landlord's letter to the Claimants of 19th January 2006, in which he told them that if they moved out by 31st January 2006 their deposit would be returned in full; and the Claimants' subsequent acceptance of these 'walkout terms'. This constituted a contract, and the deposit should have been returned. Everything else is irrelevant.

Mr Landlord, you cannot counter-claim, or make deductions. You had a contract with the Claimants, & they did their part of it, so you should have returned their money. The state of the house is not an issue. Deductions & charges cannot be made for alleged dirtiness, breakages, etc., when the Claimants were clearly living in what was effectively a building site, according to the photographs, and according to statements from various official independent witnesses such as the police (1), Transco & the HSE (2), The City Council's Environmental Health Dept (3), etc.

Claimants, you cannot claim for anything else, as you accepted Mr Landlord's 'walkout terms' without putting any kind of 'without prejudice' caveat in your reply to him. If you do want to still claim further damages, it then potentially opens the door for Mr Landlord's counter-claim."

Mr Landlord - "But..."

Judge Judy - "No. There is no defence. You must return the deposit."

Mr Landlord - "The wording of my letter though....surely, the spirit of the law......"

Judge Judy - "No. There is no defence. I am ordering that the Claimants' deposit be returned in full, within 14 days, together with £x statutory 8% interest, £y court fees, and £z travel costs for coming to High Wycombe & back."

Mr Landlord - "What about my record?"

Judge Judy - "If you pay within 14 days, then you will not get anything on your record. If you fail to pay, however, then you will have a County Court Judgement (CCJ) against you, plus the Claimants could also then apply to have enforcement proceedings issued against you for not paying."


Us (outside court) - "YESSSSSSSSSSSSSSSSS!!!!!!!!!!!!!!!!!!!!!!!"


Whole thing took ~10 minutes, rather than the two hours the previous DJ said it would take.


WE WON!!!!!!!!!!!!!!!!!!!!!!!!!!!!








------------------------------------------------------------------
(1) "Mr Landlord" got the police involved, just before we moved out. He falsely claimed that we stole some drill bits & a tile cutter. Why we'd feel the need to do that, I do not understand. He also falsely accused us of criminal damage, as the replacement bathroom window he fitted cracked one day while we were all out at work. The local neighbourhood PC came round on the 31st January 2006, while I was in the process of moving out & loading the van, so I showed him round the "house", & told him the whole story. He said he thought Mr Landlord's accusations were "a load of bullcrap". Mr Landlord wrote to the police, afterwards, asking about their investigation. The local PC replied, saying that we were not suspects, that the case had been filed, plus said "the house looked like a building site". Mr Landlord included the PC's letter to him in his "Defence Pack" submission.

(2) Reports from visits they made due to the gas boiler fiasco.

(3) Reports from a visit they made at our request to investigate/inspect the general state of the "house".
Tezcatlipoca is offline   Reply With Quote
Advertisement
Old 08-02-2007, 22:29   #62
danielf
cf.mega poser
 
danielf's Avatar
 
Join Date: Jun 2003
Posts: 16,687
danielf has a golden auradanielf has a golden auradanielf has a golden aura
danielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden auradanielf has a golden aura
Re: County Court (Small Claims track)

Congratulations!!!!! I've been to court over issues with landlords, and I've won, so I know the feeling. Well done!
__________________
Remember kids: We are blessed with a listening, caring government.
danielf is offline   Reply With Quote
Old 08-02-2007, 22:30   #63
SnoopZ
CF Resident Dog
 
SnoopZ's Avatar
 
Join Date: Mar 2005
Services: Zen FTTP 910
Posts: 15,621
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
Re: County Court (Small Claims track)

Nice one!
__________________
F1 Race Schedule and Results
https://gridhub.one/?series=F1
SnoopZ is offline   Reply With Quote
Old 08-02-2007, 22:31   #64
Shaun
Inactive
 
Join Date: Jun 2003
Posts: 6,064
Shaun has a nice shiny starShaun has a nice shiny star
Shaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny star
Re: County Court (Small Claims track)

Congrats mate - glad to see the system works
Shaun is offline   Reply With Quote
Old 08-02-2007, 23:02   #65
Tezcatlipoca
Inactive
 
Tezcatlipoca's Avatar
 
Join Date: Jun 2003
Location: Cambridge
Posts: 16,760
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Re: County Court (Small Claims track)

Cheers all


British Justice has prevailed
Tezcatlipoca is offline   Reply With Quote
Old 08-02-2007, 23:04   #66
SnoopZ
CF Resident Dog
 
SnoopZ's Avatar
 
Join Date: Mar 2005
Services: Zen FTTP 910
Posts: 15,621
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
Re: County Court (Small Claims track)

Can he appeal?
__________________
F1 Race Schedule and Results
https://gridhub.one/?series=F1
SnoopZ is offline   Reply With Quote
Old 08-02-2007, 23:11   #67
Tezcatlipoca
Inactive
 
Tezcatlipoca's Avatar
 
Join Date: Jun 2003
Location: Cambridge
Posts: 16,760
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Tezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny starsTezcatlipoca has a pair of shiny stars
Re: County Court (Small Claims track)

Quote:
Originally Posted by SnoopZ View Post
Can he appeal?

I'm not 100% sure, but I don't think so.


From the sound of him, I think he'll pay up as he seemed worried about getting a CCJ.
Tezcatlipoca is offline   Reply With Quote
Old 08-02-2007, 23:13   #68
SnoopZ
CF Resident Dog
 
SnoopZ's Avatar
 
Join Date: Mar 2005
Services: Zen FTTP 910
Posts: 15,621
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
SnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny starsSnoopZ has a pair of shiny stars
Re: County Court (Small Claims track)

That's good then, mind you Russ does assassinations for a price, however you might get a discount!
__________________
F1 Race Schedule and Results
https://gridhub.one/?series=F1
SnoopZ is offline   Reply With Quote
Old 09-02-2007, 07:59   #69
Chris
Trollsplatter
Cable Forum Team
 
Chris's Avatar
 
Join Date: Jun 2003
Location: North of Watford
Services: Humane elimination of all common Internet pests
Posts: 38,384
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Re: County Court (Small Claims track)

Yay!
Chris is offline   Reply With Quote
Old 09-02-2007, 08:38   #70
TheDaddy
cf.mega pornstar
 
TheDaddy's Avatar
 
Join Date: Jan 2006
Posts: 19,350
TheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden aura
TheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden auraTheDaddy has a golden aura
Re: County Court (Small Claims track)

Well done , they got there in the end
__________________
Sports Babble
TheDaddy is offline   Reply With Quote
Old 09-02-2007, 08:39   #71
Hugh
laeva recumbens anguis
Cable Forum Mod
 
Hugh's Avatar
 
Join Date: Jun 2006
Age: 69
Services: Premiere Collection
Posts: 44,381
Hugh has a golden auraHugh has a golden auraHugh has a golden aura
Hugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden auraHugh has a golden aura
Re: County Court (Small Claims track)

Well done, Matt.

Bet you're glad that's over and done with.
__________________
Thank you for calling the Abyss.
If you have called to scream, please press 1 to be transferred to the Void, or press 2 to begin your stare.

If my post is in bold and this colour, it's a Moderator Request.
Hugh is offline   Reply With Quote
Old 09-02-2007, 13:34   #72
Derek
Inactive
 
Derek's Avatar
 
Join Date: Jun 2003
Location: Glasgow
Services: SkyHD and Broadband
Posts: 9,158
Derek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny stars
Derek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny starsDerek has a pair of shiny stars
Re: County Court (Small Claims track)

Congrats.
Derek is offline   Reply With Quote
Old 09-02-2007, 17:49   #73
me283
Inactive
 
me283's Avatar
 
Join Date: Feb 2005
Location: Back in England, but not for long...
Services: Weddings, christenings, barmitzvahs
Posts: 3,422
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
Re: County Court (Small Claims track)

Result! I always tell people it's worth trying... small claims can often swing your way much easier than you realise. This is partly because people go into court to defend, full of loads of waffle (which they see as relevant), and think that it will make the judge decide in their favour. What they fail to see is that pure emotion and indignance doesn't make them "right". I was in court the other day, and was chatting to a guy in the waiting area... he had a case where the defendant sat before the judge and opened up with "I know I don't have a legal right, but I do have a moral one...". Game over.

Anyway, well done on the victory!!!
me283 is offline   Reply With Quote
Old 09-02-2007, 18:19   #74
homealone
Guest
 
Posts: n/a
Re: County Court (Small Claims track)

Nice one Tez - I bet that is a huge load of your mind, I'll lift a glass to toast your victory, soon - you have one, too
  Reply With Quote
Old 09-02-2007, 18:43   #75
Bill C
Guest
 
Posts: n/a
Re: County Court (Small Claims track)

Well done.
  Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 13:23.


Server: lithium.zmnt.uk
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2026, vBulletin Solutions Inc.
All Posts and Content are © Cable Forum