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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Jo, How are you? Happy New Year !I have received the

Resolved Question:

Dear Jo,
How are you? Happy New Year !I have received the Claim Form from my former tenants (I hope you remember our conversation in Nov last year).I have attached the claim form ("Mike_Claim Form") FYI. I would like to find out
1) which box from A-E I should make the selection?
2) They attached my correspondences with them in Nov which showed that they demanded £3,672.51 as compensation to them due to my late filing. On their Claim Form (as you can see) they are seeking compensation against the defendant for failure to protect their deposit. There is no specific amount stated.
=> My question is: How can I respond to this?
3) There is no info about who I should write to. Note: On the envelope, I see "Tribunals Service. Return Address: York House, 2-3 Dukes Green Avenue Fulham, Middlesex TW14 0LR
4) My tenants has given an email address (their email address) on page 2 of the Claim Form. Do I have to send the response to them and to the Tribunals Service?I look forward to hearing from you.
Thank you and Best regards,
Quynh
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thanks for your interest in me but I don't really do litigation.
You need a solicitor for that. I will opt out for others.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you accept you didn't protect the deposit?
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Alex,Thank you for your response.
- Yes, I acknowledged that I did not file on time and it was 10 months late. I apologised to my tenants. I returned their deposit in full (=> I used their full deposit to deduct the agreed cost s.a. cleaning/rubbish clearance etc and sent them the balance)
- I sent this balance late as I was on a business trip and then I was on holiday. One of the guys received £25 less than the agreed balance as I doubled deducted one amount. I recognised it on my own and I then transferred him the £25
- I apologised for returning the deposit late. For this I paid them the penalty interest on the amount due to them. I used the penalty interest in the Tenancy Agreement (if rent is paid late after certain weeks)
- FYI, one of my tenants - ***** *****ved in the property for two terms (each term is 1 year). In the 1st year/1st tenancy when he shared the flat with 2 other people, I filed the deposit within the permitted 4 weeks. It was my genuine mistake. It is not an excuse, but just to let you know that I travelled a lot for works and I thought I filed it, but 10 months later I realised that I forgot to do so, I filed it then and emailed my tenants the Certificate with all the info attached to it. They did not need to remind me.I look forward to hearing from you.
Thank you and Best regards,
Quynh
Expert:  Ash replied 1 year ago.
Do you have a number we can chat on? It may be the morning now.
Alex
Customer: replied 1 year ago.
Hello Alex,
Thank you for your response.
My private email address is***@******.***
My no is *********** If you could let me know when you have time to call me via email or sms, i will watch out for your call (as sometimes my phone did not ring and you could go straight to voice mail).Looking forward to talking with you and thank you for your help.
Best regards,
Quynh
Customer: replied 1 year ago.
Hello Alex,
... let me know when you plan to call me via sms.Thank you and look forward to talking with you
Best regards,
Quynh
Expert:  Ash replied 1 year ago.
When would be good to call?
Alex
Customer: replied 1 year ago.
Thank you for your response. Could you call me at 12.00noon(?)
Quynh
Expert:  Ash replied 1 year ago.
Ok.
Alex
Customer: replied 1 year ago.
Hello Alex,
Thank you for your call earlier.
I am looking at B and E of the form
- B: Contest the claim (give brief details of any different remedy you are seeking): What should I write here? as I do not say that what they said was wrong (it is correct, that I did not file on time)
- E: Written Evidence : similarlyOr I just make a cross under both B and E. Then I write a letter to the Court to (1) confirm the mistake I made; (2) the reasons; (3) ask for forgiveness and pay the court fee for them.
Is it correct so? Otherwise, please advise.Thank you and Best regards,
Quynh
Expert:  Ash replied 1 year ago.
Cross B and E because you accept some of it but not all.
Alex
Customer: replied 1 year ago.
Dear Alex,
Hope you had a good weekend.
- I wonder why my former tenant filed the claim in Middlessex. The former rented flat is in N7. I also live in N7. I think he is still living nearby (?)
- just one question in advance: I assume after I have written back to the tribunals, the judge will make his decision (unless he need more evidence). In my case I assume there is no hearing, since I dont dispute anything. Is that correct so?Looking forward to hearing from you.
Thank you
Best regards,
Quynh
Expert:  Ash replied 1 year ago.
It should be transferred to your local court. There may be a hearing which you can make representations at.
Alex
Customer: replied 1 year ago.
Thank you Alex.
Does your answer mean that (1) I still send my response to the Tribunals in Middlesex and they will transfer the file to my local court; Do I need to request for it to be transferred to my local court or it will be done so automatically? and (2) there might be a hearing, but it does not necessarily require a hearing?If there is a hearing, of course I prefer that it would take place at my local court. So I care for the location.Let me know. Thank you.
Quynh
Expert:  Ash replied 1 year ago.
Correct to both
Alex
Customer: replied 1 year ago.
Thank you Alex.
Just to reconfirm your answer to 1) I have to request the court to transfer my file to my local court. Is that correct?
In this case, do I need to tick another box in addition to B and E ?
Expert:  Ash replied 1 year ago.
No that's it.
Alex
Customer: replied 1 year ago.
...
1) Is there any chance that my request to get the file transferred to my local court being rejected?
2) What are the arguments/reasons for my transfer request?
3) What is the name of my local court? I live in N7 0DT. The rental property of my tenants is in N7 9SL.Thank you
Quynh
Expert:  Ash replied 1 year ago.
1) no, it's automatic
2) It's the rules
3) The court will do it automatically, you don't need to do anything save make the request,
Alex.
Customer: replied 1 year ago.
Thank you Alex
Expert:  Ash replied 1 year ago.
Happy to assist!
Alex
Customer: replied 1 year ago.
Hello Alex,
Hope you are having a good weekend.
is there anything you need to draw my attention to before sending out the response letter to the court?
Looking forward to hearing from you
Thank you
Best regards,
Quynh
Expert:  Ash replied 1 year ago.
No nothing else.
Alex
Customer: replied 1 year ago.
Hi Alex,
Hope you are well. I have received the forms from Clerkenwell & Shoreditch County Court called "General Form of Judgement or Order", "Notice of Proposed Allocation to the Fast Track" and "Directions Questionnaire (Fast Track and Multi -Track)". For some reasons I think that these forms are for my tenants/Claimants to fill in. Please could you let me know what to do with them.
FYI,
- it says on the "General Form of Judgement or Order" that
"IT IS ORDERED THAT
1. Claim is not suitable for Part 8
2. Treat as a claim under Part 7
3. Direction Questionnaire to be sent"- It says on the 1st page of the "Notice of Proposed Allocation to the Fast Track":
"TAKE NOTICE THAT:
1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed => FYI, I did not receive this copy
2. It appears that this case is suitable for allocation to the fast track
If you believe that this track is not the apporpriate track for the claim, you must complete box D2 on the Directions Questionnaire /Form N181 and explain why
3. You must by 3rd March 2016
a) complete the Directions Questionnaire , file it with the court office and serve copies on all other parties, and
b) attempt to agree directions with all other parties; and
c) file proposed directions (whether or not agreed ) with the Directions QuestionnaireLooking forward to hearing form you.
Thank you and Best regards,
Quynh

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