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MCOL (Small claims) - HELP

24

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    I would stop responding at this stage.


    Text, whatsapp (and recorded delivery) are all a big fat no as far as I'm concerned.
  • Flyveryhigh-
    Flyveryhigh- Posts: 18 Forumite
    What do you mean? Have I done something wrong?:(
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Flyveryhigh- wrote: »
    What do you mean? Have I done something wrong?:(



    text/ whatsapp. How can you prove that it was your landlord receiving and replying to the messages?


    The reason that everywhere (everywhere reliable anyway) says 'write' is because that's what you should do. Write to them, letter, 1st class stamp.


    recorded delivery as you found out is a waste of money.


    They've missed the payment date, you've been far too generous. It's full payment now, or court.
  • Flyveryhigh-
    Flyveryhigh- Posts: 18 Forumite
    Ah okay! Thanks for your advice!
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Name Dropper First Post First Anniversary I've helped Parliament
    Continue with the claim hes lying to you trying to kick the can down the road. He has gone back on his word more than once already so will think nothing of doing it again because you let him previously.

    The best thing about suing this kind of idiot is you know he has assets to pay.
    When using the housing forum please use the sticky threads for valuable information.
  • teneighty
    teneighty Posts: 1,347 Forumite
    You are perfectly entitled to continue to negotiate with the landlord to try and secure payment.

    However, far better to do it in a form where you can keep a copy and add it to your evidence pack if necessary. So letters (with proof of posting if they are rejecting signed for post) and email are good My successful claim was 90% printed emails, especially with replies which shows they received it.

    Not sure on the legal status of texts and whatsapp messages.
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    Your claim is that the landlord owes you the deposit. That's it.

    I don't think the whatsapp/texts matters. The fact that you have been negotiating with the landlord about a payment arrangement isn't relevant.

    If you are owed money, the court will grant a CCJ. It is then up to the landlord to pay that CCJ. The landlord can apply to the court to set a payment arrangement if he wants - that's his problem.

    Just continue with a claim for the full amount.

    Don't bother amending your claim to include costs. The cost of amending the claim is greater than the costs you'd get back.
  • Flyveryhigh-
    Flyveryhigh- Posts: 18 Forumite
    Thanks for all your advice. I have now sent the LL and email stating that in order to withdraw the claim I will need the full deposit including court fees and that at this time a payment plan is no longer an option. I stated that if they don't want to or cannot pay then the claim will be proceeded and worked with through the courts system.
  • Marvel1
    Marvel1 Posts: 7,171 Forumite
    Name Dropper First Post First Anniversary
    edited 12 January 2018 at 9:03PM
    Flyveryhigh- wrote: »
    This ex landlord is the type to try and wiggle their way out of anything

    This is exactly what they are doing now, keep the case going they have had their chance.

    Comms69 wrote: »
    text/ whatsapp. How can you prove that it was your landlord receiving and replying to the messages?


    The reason that everywhere (everywhere reliable anyway) says 'write' is because that's what you should do. Write to them, letter, 1st class stamp.
    Flyveryhigh- wrote: »
    I have now sent the LL and email stating that in order to withdraw the claim I will need the full deposit including court fees and that at this time a payment plan is no longer an option. I stated that if they don't want to or cannot pay then the claim will be proceeded and worked with through the courts system.

    So not writing then?
  • Flyveryhigh-
    Flyveryhigh- Posts: 18 Forumite
    Thanks! Point taken :rotfl:
This discussion has been closed.
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