Deposit retrieval help

pokerjk

Hi, i hope someone can assist me i moved out of my previous property on the 1st of November when i saw the landlord he said he would send me my full deposit to my new address after a few weeks i didn't hear anything so i sent him numerous texts and voice mails (he wasn't answering his phone) so i got worried. I checked if he put me deposit in a scheme and he hasn't done that either.

I sent him a letter stating:

" Dear *********

Re: Tenancy of *************************** from 28TH April 2008 until 28TH October 2008

Having moved out I had a verbal agreement for you to return my full deposit of £300 to my new address which I provided for you. After two weeks with no sign of the deposit or being able to get in contact with you I am sending you this letter.

Under the Housing Act 2004, my deposit of £300 should have been scheme-registered and "prescribed information" provided to me within 14 days of you receiving the deposit: I have checked with each of the 3 schemes and there is no record that this was done.

I have rang and text you several times, on 11/10/08, and 09/10/08 about the return of my deposit but have not had any response from you.

I am now formally requesting that you refund my deposit to my new address within the next 7 days.

I would prefer that this was resolved amicably but if I have not received my deposit by 19/11/2008 I will begin recovery proceedings via the Small Claims Court, to include interest and court fees, and will also seek an award of 3x the deposit amount for non compliance with the registration requirements.
If you have misplaced my new address I have provided it for you below.
***********
Regards,
*********
"


On the 17th i got a text saying "your deposit is in the post" its now the 22nd and nothing has come. What should i do now? Just take him straight to small claims court? if so i have never done this before what do i do?


Thank you for your time and guidance

J

Premier_2

Quite straightforward, you can either get the forms from a local county court who will also give you any advice needed on how to complete them (though not legal advice on the validity of your claim)

or just make a claim online

http://www.moneyclaim.gov.uk

Advice can also be found here:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Kev64

Don't delete the text message - you might need it as evidence if it ends up in court.

pokerjk

Thank you both, does it cost anything to claim?

Thanks

Premier_2

pokerjk wrote: »

Thank you both, does it cost anything to claim?

Thanks

Yes.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50.pdf

If you win, you usually automatically get the costs back from the other side, at least in judgement if not in actual cash.