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Mrs. Monk's Would-be Diary, should have been written by Mrs. Monk, since she is the "Writer" in the family.
However, since she is a writer only in the conceptual sense, I have undertaken to fill these pages on her behalf.
If not by her, these pages will certainly be about her, and other important matters of the day

Leslie Monk, the long suffering.

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15 May 2004
My Litigation
and The Tory
We never got our security deposit back from our Landlord of 6 years ago , so today I started to prepare a case to sue the bastard for the £390 that he owes us. You can actually do this on line now so this is what I intend to do. The court web site tells me that I must give an address where the ex landlord lives. I have an address, but we have a feeling that he may have moved, perhaps to Spain. We also understand that we must make the claim within 6 years, which is next week.
By chance the Tory Candidate came to our door this afternoon seeking my vote.
He knew my name as I answered the door.
"Mr. Monk" he said glancing at his clip board.
"You are wasting your time", I said "I can't imagine voting Tory under any circumstances"
"OK Can we talk about it" he said
"Are you for the war" I said
He then said a lot about being an old soldier and seeing people killed by the Japanese in Burma and so on. I sensed he was skillfully skirting the issue, hedging his bets.
I told him that the Tories were exploiting Tony Blair's discomfort. I also told him that I did not vote for Blair
He told me that The Lib Dems are a wasted vote.
I told him I have been told that for thirty years.
I asked him if there was a "Wines" (Ex Landlord) on his list on the clipboard.
He looked confused. I explained why I wanted to know.
He said, "You've got no chance of getting your security deposit back"
He also said trying to get back to his agenda, "I'll put you down as a "maybe" then".
"If it will make you feel good", I said.
21 May 04
I pay my £50 and start proceedings against my former landlord and his agent, Priority Management Services.
Had a letter from Priority Management Services, threatening to sue me for unpaid rent. This is a bizarre threat and they are either very stupid, or they are up to something. Either way, I have filled in the forms and we will have our day in court. The whole thing was done on line. The legal establishment have made a very user-friendly web-site. It is now very easy to sue the Bastards. http://www.courtservice.gov.uk/mcol/

Mrs Monk’s

Would-Be Diary

19 Oct 2004
My Litigation
Round 1

Today we made our first appearance in our legal action between ourselves
And our former landlord, Paul Wines and his agent Priority Management Services, (Proprietor, Tony Prior)
We sued both because they are both culpable and we thought Wines may have absconded to Spain with our Security Deposit.
David Webb is the Solicitor for both, defendants.
I represented myself. Mrs. Monk came along to hold my hand.
David Webb and myself have exchanged many letters about the return of the security deposit since we instigated the proceedings. He told me I was "bound to loose" and that he would be seeking costs of £160 per hour and he was bound to win. He told me that I "should never have started the action" and that he would be seeking damages, and would be making a claim for dilapidation.
However, in front of the Judge he made no such claim and simply acquiesced on every argument.
I'm no lawyer, but I had a good idea that you can't get costs in the Small Claims Court, but there are exceptions, if the other party has acted unreasonably.
Judge Chandler said that today's hearing was preliminary. This was Round 1 and was about who might be responsible. The judge wanted one defendant, not two.
But he also said that in Round 2 at some future date, and in view of what
Transpired today, the court might award costs in our favour, and indeed damages.
This was more than an a convincing hint by the Judge, and it went down well with Mr and Mrs Monk.

I wrote the following letter David Webb:-

David Webb and Co
492, London Road
Westcliffe On Sea

Dear Sirs,

Paul Wines, 60, Salisbury Rd. Leigh On Sea, Essex

Further to the hearing before Judge Chandler on the 19th October

I was happy to agree to the dismissal of Priority Management since you agreed before the judge, that Paul Wines was solely responsible for the return of the security deposit and had made no claim for dilapidations.

The judge had clearly decided that Paul Wines had behaved improperly and certainly hinted that we can expect substantial costs in our favour at the trial-proper in due course.

Please note that we did not examine the following issues on the 19th Oct. hearing, which of course is even more damaging to Paul Wines.:-

6 years of obviscation by the Landlord, represented by Paul Wines.

We are bound to win and we are bound to get substantial costs, and perhaps damages, as you are now fully aware, I am quite sure.

Please let me have your proposals, since you have rejected mine.

Yours faithfully,

Leslie Monk

CC Paul Wines
Priority Management


10 Dec. 2004
Round 2
The Return of Halitosis
Second stage of battle.
The same Judge who suggested that we might get substantial damages, was today strangely hard of hearing on the subject. Yes, we had the issue of the security deposit resolved and our opponent simply acquiesced on the issue as expected.
However, much of the allotted time was taken up with a somewhat irrelevant and even surreal legal point.
I prepared an argument intending to describe the six years of obviscation by my ex-landlord on the issue of the Security Deposit, but I was not allowed to make that argument.
Instead of inviting me to speak as the Claimant, the Judge invited the Solicitor representing my opponent to make his case. They embarked on a cosy, surreal, and ultimately futile legal discussion which I might just discuss further at another time if it were not so boring.
Along for the day was the man with bad breath Anthony Prior, the Landlord's agent. He is the man who should have returned the security deposit and / or prepared a schedule of dilapidations. He did neither.
I have been writing to him and the Landlord and to their lawyer, for six years about the return of the security deposit and I received just one oblique response, four years ago. Today however, Halitosis Man greassssily admitted to the judge about the security deposit deficit, but then added that he did so, even though there were dilapidations and that there were "plenty of papers describing this"
At that point I almost got out of my chair because I new there were no such papers and Halitosis Man had lied.
I had waited patiently to be invited to speak but it never happened.
I found myself needing to interrupt in order to get a word in. Mrs. Monk kept haranguing me for interrupting the Judge but I could see that he had already started to write down his judgment.
When I finally interrupted his writing to discuss my prepared script, he looked at his watch. Time was up.


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