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sandiboy
03-10-2011, 13:12 PM
I could do with some advise on this, We rented a property in 2008, We paid a substancial deposit 2.5k, within 5 months our landlord had entered an IVA, which we have only just found out about, we left the property 8 months ago and long and expensive legal action is still on going to try and get the deposit returned, but will deposit be put into the pot as it wasnt protected by LL or LA ,LL is Wife and LA is Husband (LA has gone bankrupt), Question Is, Is it worth carrying on Legals as probable claim will be £11K with 3 x deposit and Legals mounting up. Is using deposit knowing that they were insolvent fraud ??

Snorkerz
03-10-2011, 14:12 PM
When did you commence your claim for 3x deposit? Before or after the end of the tenancy?

Paul_f
03-10-2011, 17:02 PM
I don't think it will matter too much as it appears that not much can be recovered. Talk to the Official Receiver or Insolvency Practioner if appointed.

Snorkerz
03-10-2011, 18:57 PM
It matters because the OP may be wasting a heck of a lot of money on a s214 claim which is destined to fail - irrespective of the defendants financial status.

theartfullodger
03-10-2011, 19:57 PM
As (as I read it..) LL is wife & wifie ain;t bankrupt yet (?? yes??) why not pursue wife?? The contract and all liabilities are with the Landlord, surely?? Did you mean wife had entered IVA??

sandiboy
05-10-2011, 09:43 AM
When did you commence your claim for 3x deposit? Before or after the end of the tenancy?

I have issued court proceding and was advised to not put 3 x claim in as this is awarded by the court and is not automaticaly awarded

sandiboy
05-10-2011, 09:47 AM
Thanks for reply, THe LL is the wife and she is in an IVA, but as I said she took the deposit payable to her and then 5 months later enteered into the IVA, If she had correctly insured the deposit I would not of been bothered, but Her Husband was a member of ARLA & NAEA and would of known the procedures to follow

Snorkerz
05-10-2011, 10:56 AM
I have issued court proceding and was advised to not put 3 x claim in as this is awarded by the court and is not automaticaly awardedGood. You would NOT have got the 3x if you had commenced such a claim after the end of the tenancy, and such claims are part 8 claims which means much more in the way of court fees and exposure to the other sides costs. I would certainly carry on with the legal approach, but I would consider going solo if the total claim is under £5k as you won't get your solicitors bills paid by the other side even if you win. IT isn't complex and you seem to have a brain :).

The key question (and I don't know the answer) is can you pursue the wife in view of the IVA, and if you can and win, will the IVA prevent you taking any meaningful enforcement action?

There must be a 'finance world' forum somewhere where the question could be asked and you'd get a response from those with more expertise in the subject. We know about the Housing Act, less so about the Insolvency Act.

You can pick books up in the library or on Amazon about the Small Claims Process, mine is by Patricial Pearl, cost you around £15 delivered.

sandiboy
05-10-2011, 12:05 PM
Again thank you for your reply,I gather that all debts before the Iva was sanctioned by the court are included, anything after I can pursue,how much we will get is another matter, What really annoys me is that the LL & LA both trade as lettings agents in Cheshire,this must be against the rules? ARLA & NAEA both appear to be on and the same and didn't appear to be bothered about "members" being insolvent. People like this make a total mockery of the lettings system and should be banned from being Agents or landlords..... Got that off my chest :(whew):