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  • FIRST POST
    • Flyveryhigh-
    • By Flyveryhigh- 8th Jan 18, 3:33 AM
    • 11Posts
    • 1Thanks
    Flyveryhigh-
    MCOL (Small claims) - HELP
    • #1
    • 8th Jan 18, 3:33 AM
    MCOL (Small claims) - HELP 8th Jan 18 at 3:33 AM
    Hi all. I submitted a claim using MCOL on Thursday morning for the return of a deposit I gave to an ex landlord who is hoping the whole problem will just go away.

    The amount is 600 and I opted to add interest in bringing the claim up to 640ish. Including court costs the claim totals 704. I have looked over the Particulars of claim section and have made 2 mistakes - my fault.

    Mistake 1 - I mentioned I sent a letter before action on 17/10/17 - but I should have written 17/11/17. Typo regarding the month.

    Mistake 2 - although I clicked the option to automatically include court fees in the claim (so it automatically added it on to the amount) - I forgot to put a sentence saying "I'm also claiming the court fees" in the POC section - however the total claim amount includes court fees.

    This ex landlord is the type to try and wiggle their way out of anything and I'm pretty sure they will pick up on those 2 rookie errors.

    Can anyone please advise me on what best to do, and whether my worry is actually justified? Should I send the claim?

    Thank you !!
Page 2
    • Flyveryhigh-
    • By Flyveryhigh- 12th Jan 18, 8:07 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Thanks! Point taken
    • G_M
    • By G_M 12th Jan 18, 11:59 PM
    • 42,761 Posts
    • 49,984 Thanks
    G_M
    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.
    Originally posted by Flyveryhigh-
    Have you not been reading the last few posts?

    Write a LETTER. Go to the post office and ask for 'proof of posting'. Do not send it recorded delivery.

    Dear Mr Landlord,

    Further to my Letter Before Action dated xx/xx/17 which was hand delivered, with a witness, the same day, and since you have repeatedly failed to make the payments owed, I have now commenced legal action.

    The sum owed is now X, comprising the deposit of Y plus court fee of Z. If this is received in full, I shall inform the court and withdraw my claim.

    Kindly send your cheque for X to the above address (or 'transfer the funds to my bank account number 00000000, sort code 00-00-00').

    Yours sincerely.

    zoomingupabove

    note: ignore any messages you get vie email, twitter, facebook, rabbit, text or grinder and do not send any messages you get vie email, twitter, facebook, rabbit, text or grinder.
    Last edited by G_M; 13-01-2018 at 12:02 AM.
    • Flyveryhigh-
    • By Flyveryhigh- 13th Jan 18, 1:45 AM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Yes I have, I just seen that someone also said that their evidence pack was 90% emails - so i thought that that was also acceptable. I will get a letter off tomorrow

    Thank you!

    P.S. Isn't it spelt 'Grindr'...? Not that i'd know...
    • steampowered
    • By steampowered 13th Jan 18, 9:57 AM
    • 2,069 Posts
    • 1,940 Thanks
    steampowered
    Email is perfectly fine, if that is the usual means of correspondence with the landlord. Although a letter can have better effect.

    The court will not be remotely interested in your general chit-chat with the landlord. The court is only concerned with whether the money is owed, or not.

    If the money is owed, the court grants judgment. If the money is not owed, the court does not grant judgment.
    • teneighty
    • By teneighty 13th Jan 18, 1:00 PM
    • 1,077 Posts
    • 768 Thanks
    teneighty
    I will just qualify my comment about emails. Whilst my claim was mostly based on email evidence I printed off the email chain which included my contact and responses to show that the defendant had received them and had engaged in the disputed contract. Obviously there was other evidence as well but the judge was perfectly happy with the emails, even some which were one off emails with no reply.

    For a one off email that might not be replied to I would suggest also sending a copy letter in the post with proof of posting just to make sure. Funnily enough for my letters the judge did not ask for the proof of posting but the defendant did not deny receiving them. (All the letters were sent recorded and separately as ordinary first class with proof of posting, all the recorded letters were rejected by the defendant and were returned to me unopened by Royal Mail)

    I would have thought that the basis of your case will be proof that you paid the deposit and then any correspondence from the landlord confirming they agreed to refund it but then failed to do so. Unless the landlord can produce evidence that they have either already refunded the deposit or proof that you caused damage which required the deposit to be withheld then you have a cast iron case so do not get too hung up on the minute details or every little text message.

    Remember it is quite informal and the judge works to balance of probability, its not like the High Court dramas you see on TV with highly paid barristers trying to find complex legal loopholes.
    • Flyveryhigh-
    • By Flyveryhigh- 14th Jan 18, 3:43 AM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Many thanks. I will be sending a letter as per the template above on Monday (was on nights and didn't get to the post office today).

    It's tough regarding the deposit because the landlord asked for it via bank transfer and then refused to give me a receipt in writing or email and got aggressive whenever I asked again. What I have regarding the deposit is WhatsApp messages asking for it, confirming it was received and the transaction on my banking. Additionally I have invoices for the entire duration I was there regarding the monthly rent.

    I spoke to citizens advice about this and they told me it didn't matter as long as I could prove I was living there and sent the money.

    I put the information of the deposit in my formal requests and letters before action and this wasn't disputed - technically because the LL ignored.

    I'm just a little worried now because all the correspondence regarding the LL admitting they owe me the money is on WhatsApp and Text mostly.

    I will be dealing directly with written letters from now on.
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