overpaid my rent and am £1000 plus out of pocket

brokeinwales

Monthly rent was £535 btw.

Although I was never given a receipt, I believe the deposit I paid was a month and a half rent - so about £750.

N79

Don't take this the wrong way but we believe in the tooth fairy when we are about 4.

You need to know exactly what you paid and when if you are going to go to court to recover your money. It would be a shame to fail because of not being able to atriculate your case as you have an excellent case for the return of your deposit and extra rent paid. But no court will accept a claim where you on believe you paid about a certain sum of money and quite frankly no rubbish LL (which is what your former LL is) will take a vague threat seriously. You LBA will need to precisly recall the facts.

brokeinwales

You need to know exactly what you paid and when

I know when it was (or I know what month it was anyway.) - but I don't think I have any evidence and I can't remember how much I paid. Does that mean I should just give up?

She has mentioned the deposit in our correspondence herself - so she seems to at least be admitting that it was paid.Would that make a difference?

What about the overpaid rent? I can prove she received that as it's on my bank statement.

I am completely clueless about all this legal stuff - it's way over my head. Part of me just wants to give up. If I didn't need the money so much I probably would.

Fire_Fox

brokeinwales wrote: »

I know when it was (or I know what month it was anyway.) - but I don't think I have any evidence and I can't remember how much I paid. Does that mean I should just give up?

She has mentioned the deposit in our correspondence herself - so she seems to at least be admitting that it was paid.Would that make a difference?

What about the overpaid rent? I can prove she received that as it's on my bank statement.

I am completely clueless about all this legal stuff - it's way over my head. Part of me just wants to give up. If I didn't need the money so much I probably would.

Do you have bank statements showing when the cheque for the damage deposit was cashed? Or did you pay in cash - did you get a receipt?

N79

brokeinwales wrote: »

I know when it was (or I know what month it was anyway.) - but I don't think I have any evidence and I can't remember how much I paid. Does that mean I should just give up?

No you should not give up but it does mean that you need to find out. Could you check old bank statements etc.

I suppose you could use a bluff letter before action omitting the details but if the LL plays hardball or runs in past a lawyer who can smell the blood of a weak case a mile off then you will need to know exactly how much the depost was and when it was paid.

If you can get it to court then you could ask the LL to supply these details but if they lie then you will be stuck without knowing yourself what these amounts should be!

First priority is still the address.

Fire_Fox

N79 wrote: »

Don't take this the wrong way but we believe in the tooth fairy when we are about 4.

You need to know exactly what you paid and when if you are going to go to court to recover your money. It would be a shame to fail because of not being able to atriculate your case as you have an excellent case for the return of your deposit and extra rent paid. But no court will accept a claim where you on believe you paid about a certain sum of money and quite frankly no rubbish LL (which is what your former LL is) will take a vague threat seriously. You LBA will need to precisly recall the facts.

I know what you are saying, but please be a bit more patient with the OP. She has admitted elsewhere on the boards that she feel really out of her depth on this one.

brokeinwales

Bit of progress (not sure how useful), but I have found the address of the business that the landlords were trading under at the time we signed the contract. My landlady's name is still given as a contact on their website - so this might be a way to get in touch with her.

Out,_Vile_Jelly

Email the LL and say you need their address in order to forward on some urgent post from HMRC/DVLA, or maybe a parcel from Amazon.

Next step is to speak to your bank branch about this cancelled s/o. Can you remember date and approx time you requested it in person? Check if they have a policy of issuing receipts for such cancellations and how to proceed in case of dispute.

N79

brokeinwales wrote: »

Bit of progress (not sure how useful), but I have found the address of the business that the landlords were trading under at the time we signed the contract. My landlady's name is still given as a contact on their website - so this might be a way to get in touch with her.

Good enough to start with. Is this a business related to the tenancy or is this a seperate business premises unrelated to the tenancy (eg a shop)?

N79

N79 wrote: »

Don't take this the wrong way but we believe in the tooth fairy when we are about 4.

OK I concede Firefox's telling off and I apologise for this sentence as I was overly dramatic and tactless in making my point.

However, if is an important point.