Return of Deposit - going to court

Lady_Annabel_Aardvark

On a previous thread (here) I went into detail about problems concerning our ex LLs returning our deposit.

Cutting a long story short, on Monday last week we received almost out of the blue, a cheque for £1,100 and a note wishing us a Happy Christmas! They actually owe us £1350 and no such sum was agreed with them. I rang their agent and asked her to pass the message on that if they'd sent £1200 we probably would have taken it but we weren't settling for £1100 when we don't owe them any money.

This morning my husband has had a phonecall from the LL (husband) who asked why we hadn't banked their cheque. My husband told him that it wasn't enough so we were now proceeding via court. His response was 'so you'd go to court over £250?' My husband told him that yes we would as it wasn't just the money but the principal involved.

He has obviously pitched his 'offer' at a level where he feels we won't bother taking it any further. £250 is not a lot of money to him as he owns many properties but it is to us.

My question is: if we proceed to court, will the court's opinion also be that we should have accepted for his offer? At what point is it not worth taking him to court in respect of the judge thinking we are wasting his time? (sorry that was two questions!)

Any input would be greatly appreciated. Thanks in advance.

sooz

Have you written to him asking for a breakdown on his 'costs'?
And has he provided any breakdown? I recall he kept upping the figure he'd return, but you never had a breakdown or real quote (aside from the fake carpet one).

Take him to court. He is the one being unreasonable.

prudryden

He made an offer, you made an offer back. If this negotiation breaks down and there is no settlement, both offers are cancelled and then only a third party can decide. My guess is that the LL could possibly up the stakes and claim a lot more of your deposit. So, in theory, a judge could rule against you and you end up paying the LL more of your deposit. On the other hand, you can win all the deposit back. It is all about the risk/reward ratio> Good luck. It can be a very interesting day in court- and very satisfying (if you win). Spend a lot of time preparing, however. Judges like to see some preparation and evidence for their decisions.

Lady_Annabel_Aardvark

sooz wrote: »

Have you written to him asking for a breakdown on his 'costs'?
And has he provided any breakdown? I recall he kept upping the figure he'd return, but you never had a breakdown or real quote (aside from the fake carpet one).

Take him to court. He is the one being unreasonable.

No we've never had any breakdown or proof of his costs. Presumably that's because he can't provide any.

We finally have an appointment for free legal advice on Friday so hopefully can proceed with a court case soon.

Lady_Annabel_Aardvark

prudryden wrote: »

He made an offer, you made an offer back. If this negotiation breaks down and there is no settlement, both offers are cancelled and then only a third party can decide. My guess is that the LL could possibly up the stakes and claim a lot more of your deposit. So, in theory, a judge could rule against you and you end up paying the LL more of your deposit. On the other hand, you can win all the deposit back. It is all about the risk/reward ratio> Good luck. It can be a very interesting day in court- and very satisfying (if you win). Spend a lot of time preparing, however. Judges like to see some preparation and evidence for their decisions.

He is so unscrupulous, I wouldn't put anything past him. £1,100 is his 4th 'offer' so he must be keen to keep it out of court. However as we have evidence that the carpet is 15 years old and proof that it was cleaned professionally when we moved out as well as our moving in inventory saying it had a stain and 'tracking from footfall' then I think he's going to have trouble proving we damaged the carpet. However he did tell my husband this morning that he did still have the carpet in a shed and it smells of cat wee. As our cats never ever urinated on the carpet, this is impossible and he is just bluffing.

Worryingly he seems to end all his conversations with a veiled threat. This morning it was that he wanted this all sorted out as amicably as possible as 'you never know when our paths might cross again'.

sooz

Lady_Annabel_Aardvark wrote: »

However he did tell my husband this morning that he did still have the carpet in a shed and it smells of cat wee.

:eek: :eek: 15 year old carpet stored in shed for 4 months smells of cats wee :eek: :eek:

Is he prepared to provide concrete proof that the shed is a) dry, and b) totally cat proof c) dna test the wee to see which cat it comes from

EliteHeat

It can't be that difficult to bribe a cat to wee on the carpet. Mine would do it for nothing without me even asking.

Catblue

Lady_Annabel_Aardvark wrote: »

Worryingly he seems to end all his conversations with a veiled threat. This morning it was that he wanted this all sorted out as amicably as possible as 'you never know when our paths might cross again'.

Don't speak to him again - he sounds despicable. Screen your calls. Make sure all your communication with him is done in writing.

silvercar

My husband told him that yes we would as it wasn't just the money but the principal involved.

Whenever I hear this I just groan. It means you can't see the wood for the trees.

Assuming you are in the right.

You incur court costs, you have the hassle and cost (even if its only travelling and parking and not losing any pay) of going to court.

You risk losing your court fees, that the judge deducts more of the deposit, that you get judgement but have further hassle to get the money.....

When you could have most of the money sitting in your bank account.

Its annoying to lose money, its aggrevating to be swindled, but sometimes it is easier to feel aggrieved and give up than tie yourself to your principles.

Lady_Annabel_Aardvark

Sooz, we have laughed ourselves at his ridiculous claims and what condition any old carpet might be after being stored in a shed for any length of time.

Silvercar, £250 is a lot of money to us and the carpets in the house were in a better condition when we moved out than when we moved in. You might also take into consideration the money we paid out to get the carpets cleaned. Furthermore we believe that these people never return deposits. I wonder if they pay tax on this 'extra income'! We are prepared to drop a bit just to keep it out of court but not £250.

Darth_Marty

I would say that unless he comes back with a revised offer within say 7 days take the money.

I tend to agree that for £250, which is a lot of money I know, the stress, hassle and potential risk simply isnt worth it.

But good for you for fighting your corner.